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    Semester-III, MBA-HR-2, Industrial Relations and Labour Enactments

    UNIT-II

    EVOLUTION OF IR IN INDIA (Unit-I)

    or

    EVOLUTION OF TRADE UNIONS IN INDIA (Unit- II)

    Trade Union is an outcome of the factory system. It is based on labor philosophy- united we stand, divided

    we fall. Industrial revolution in India has changed the traditional outlook in the labor management

    relationship. With the introduction of the modern factory system personal relationship between employer and

    employee disappeared and has given rise to many social and economic evils which made it imperative on the

    part of the workers to device an effective means to contact employers and to bargain with them. Formation of

    trade unions has provided in an ideal solution.

    History of the Trade Union movement in India

    The labor movement in India is about fourteen decades old, since it may be traced from 1860s.

    Early years of movement were generally led by philanthropists and social reformers, who organized

    workers and protected them against inhuman working conditions

    The early years of labor movement were often full of difficulties. Strike committees arose calling

    themselves trade unions and demanding the privileges of trade unions without any means of discharging

    responsibilities thereof. The position of the trade unions has considerably improved since then.

    The development during the span of about one hundred and forty years may be considered broadly underthe following six periods:

    o Pre-Independence Era

    1. Pre-1918

    2. 1918-1984

    3. 1925-1934

    4. 1935-1938

    5. 1939-1946

    o Post-Independence Era

    6. 1947 and since

    7. The Unity Move

    The principle purpose of this section is to trace the origin and development of trade union movement in

    India. In the process an effort will be made to study the characteristics of labor movement and the factors

    which are responsible for the growth of trade union movement at various time levels.

    Pre-Independence Era

    1. Pre-1918 Period:

    a. A movement started in 1860 led by Dinbandhu Mitra, a dramatist and social reformer of Bengal

    b. This movement was followed by some of the journalists to protest against the hardship of the

    cultivators and also the plantation workers

    c. Thereafter, an Indigo commission was appointed

    d. The report of Indigo commission reflects upon the grossest cruelties perpetrated by foreignplanters with the aid and under the protection of laws framed by the British government specially

    for this purpose

    e. Thereafter the system of Indigo cultivation was abolished due to discovery of the synthetic

    process

    f. In 1875 a protest was made against poor working conditions of workers by Sarobji Shapuri in

    Bombay

    g. Thus in 1875, first factory commission was appointed as a result the Factories Act, 1881 was

    enacted

    h. This act was, however, inadequate to meet the evil of child labor; moreover no provisions were

    made to regulate the working conditions of the women workers and this gave rise to a great

    disappointment to workers

    i. In 1884, another factory commission was appointedj. In 1884 itself Mr. N.M.Lokhande organized the conference of the Bombay Factory Workers and

    drew up a memorandum signed by 5300 workers demanding the following:

    i. A complete day off, rest on Sundays.

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    Semester-III, MBA-HR-2, Industrial Relations and Labour Enactments

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    ii. Half an hour recess

    iii. Working hours between 6:30 am to sunset

    iv. The payment of wages not later than 15th of the month

    v. Compensation for injuries

    k. In spite of these agitations no material change could be brought and therefore, another

    representation was made to the government in 1890

    l. In 1884, the first labor association was organized in Bombay Mill Hand Association having Mr.

    Lokhande as its president

    m. Bombay Mill Hand Association started a labor journal (Dinbandhu) in order to propagate effective

    views of their own

    n. The Bombay Mill Hand Association also placed its demands before the Factory Labor

    Commission (1890), with Mr. Bangalee, the great Philanthropist as a member. The commission

    made due to consideration to the labor

    o. Thereafter the workers started strikes and the agitation were made

    p. As a result of agitation, the labor movement started during the period of 1860-1917 having the

    following features :

    i. The movement was led by the Philanthropist and social reformers and not by workers

    ii. There were no trade unions in the modern sense. According to the report on the working

    of the Factories Act at Bombay, in 1892 the Bombay Mill Hands Association was not to

    be classified as a genuine trade union. The following experts of the report itself ispertinent:

    1. The Bombay Mill bands have no organized trade unions. It should be explained

    that although Mr. N.M.Lakhande, who served on the last Factory Commission,

    described himself as president of the Bombay Mill Hands Association, that

    association has no existence as an organized body, having no role of membership,

    no funds and no rules. I understand Mr. Lokhande simply acts as volunteer

    advisor to any mill hand that may come to him.

    But, the trade unions existed as early as 1897. For instance the amalgamated

    society to railway servants of India and Burma and other unions were formed in

    April 1897.

    iii. The associations mainly relied on petitions, memoranda and other constitutional means

    for placing their demands which were mainly confined to factory legislation e.g. hours ofwork, health, wages for overstay, leave, holidays and such other matters.

    iv. The early movement was confined to the revolt against the condition of child labor and

    women workers employed in various industries.

    v. Another feature of this period was the absence of strike as a means of getting grievances

    redressed. The association of workers worked with the cooperation of management and

    government official and sum of them considered in their duties to avoid strikes upon the

    part of its members by every possible and lawful means.

    vi. Strike during this period was considered to be the problem of law and order. Instances are

    not lacking where police acted upon as strike-breakers by using force and frame falls

    charges against strikers.

    2. 1918-1924:a. The period can perhaps be best described as the era of the formation of modern trade unionism.

    b. This period witnessed the formation of a large number of trade unions.

    c. Several factors were responsible for the promotion of the large numbers of trade unions

    i. The economic conditions of workers played an important role in the formation of trade

    union. The demand of Indian goods were increased enormously for two reasons:

    1. The shortage of shipping facilities led restricted imports of several commodities

    for which India was dependent on foreign countries.

    2. There was great demand of Indian goods from allies and neutral country. For

    these reasons the prices of Indian commodities viz., salt, cotton, cloth, kerosene,

    rose high. Naturally the cost of living steadily increased. The employer earned

    huge profits. The wages of workers were increased but it could not keep pace

    with the soaring prices of commodities. This resulted in further deterioration of

    condition of workers. Further, there was shortage of labor in some of the

    industrial centre due to epidemic of influenza. These reasons led to the formation

    of trade unions to improve their bargaining positions.

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    ii. The political conditions prevailing in the country also helped the growth of labor

    movement. The struggle for independence started during this period and the political

    leaders asserted that the organized labor would be an asset to the cause. The labor unions

    were also in need of some help. The political leaders took lead and helped in the growth

    of trade unions.

    iii. The workers revolution in Russia which established the first workers state in the world

    had its own influence in the growth of trade union movement.

    iv. The other factor responsible for growth of trade union move was the world wide unrest in

    the post war period. The war gave awakening in the minds of industrial workers.

    v. Another factor was the setting up the international labor organization in 1919 of which

    India was the founder member. The constitution of ILO required one representative from

    the government of member state. The government without consulting the unions

    appointed Sri N.M.Joshi as its representative. This gave an anxiety to workers to organize.

    As a result AITUC was formed in 1920. This gave an opportunity to send members for

    ILO conferences and also brought a change in government attitude to deal with labor

    problem.

    3. 1925-1934:

    a. This period witnessed a split in AITUC namely, leftist and rightist. Later in 1929 a wing of

    AITUC, namely the All India Trade Union Federation was formed. The main cause of thecommunist influence was the economic hardship of workers.

    b. This period had also shown remarkable decrease in the intensity of industrial conflict. At least two

    factors were responsible for it.

    i. The Trade Dispute Act was passed in 1929 prohibiting strikes and lockouts.

    ii. The failure of strikes and lockouts resulted in industrial strife.

    c. Another significant feature of this period was the passing of the Trade Union Act, 1926 and the

    Trade Dispute Act, 1929. The former Act provides for registration of trade unions and affords

    legal protection to intervene and trade dispute. The later act provided for ad-hoc Conciliation

    Board and Court of Enquiry for the settlement of trade disputes. The act, as already observed,

    prohibited strikes and lock-outs in public utility services and general strikes affecting community

    as a whole.

    4. 1935-1938:

    a. During this period unity was forced in trade unions. This led to revival of trade union activity. In

    1935 the All India Red Trade Union Congress merged itself with the AITUC. Again, in 1938 an

    agreement was arrived at between All India National Trade Union Federation and AITUC and

    consequently NTUC affiliated itself with AITUC.

    b. Several factors led to this revival of trade unionism.

    i. The change in political setup in the country is responsible for change. It is significant that

    congress party which formed its government in 1937 in several provinces tried to

    strengthen the trade union movement and to improve the conditions of labor.

    ii. The working class was also awakened to their rights and they, therefore, wanted to have

    better terms and conditions of service.

    iii. Management also changed its attitude towards trade union.c. The year 1938 saw the most important state enactment viz., the Bombay Industrial Disputes Act,

    1938. The significant features of the act were as follows:

    i. Compulsory recognition of unions by the employers

    ii. Giving the right to workers to get their case represented either through a representative

    union or where no representative union in the industry/ centre/ unit existed though elected

    representatives of workers or through the government labor officer,

    iii. Certification of standing orders which would define with sufficient precision the

    conditions of employment and make them known to workmen,

    iv. The setting up an industrial court, with original as well as appellate jurisdiction to which

    parties could go for arbitration in case there attempts to settle matters between themselves

    or through conciliations did not bear fruit,

    v. Prohibition of strikes and lockouts under certain conditions. The scope of the act was

    limited to certain industries in the province.

    5. 1939-1946

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    a. World War II like the World War I brought chaos in industrial relations. Several reasons may be

    accounted for the industrial unrest and increased trade union activity.

    i. The rise in prices could not keep pace with the increase in wages.

    ii. There was a split in AITUC due to nationalist movement.

    iii. The post World War II witnessed retrenchment and, therefore, faced with the problem of

    unemployment. During this period the membership of registered trade unions increased

    from 667 in 1939-40 to 1087 in 1945-46. Further, the number of women workers in the

    registered trade unions increased from 18,612 in 1939-40 to 38,570 in 1945-46. Moreover

    the period witnessed a large number of strikes.

    b. During the emergency the defense of India rules, 1942 remained in force. Rule 81 A of the rules,

    empowered the government,

    i. To require employers to observe such terms and conditions of employment in their

    establishments as may be specified

    ii. To refer any dispute to conciliation or adjudication

    iii. To enforce the decisions of the adjudicators

    iv. To make general or special order to prohibit strikes or lockouts in connection with any

    trade dispute unless reasonable notice had been given. These provisions thus permitted the

    government to use coercive processes for the settlement of trade disputes and to place

    further restrictions on the right to use instruments of economic coercion.

    c. In 1946 another enactment of great significance in labor relations namely, the IndustrialEmployment (Standing Orders) Act, 1946 was passed with a view to bring uniformity in the

    condition of employment of workmen in industrial establishment and thereby to minimize

    industrial conflicts. The act makes it compulsory for employers engaging-one hundred or more

    workmen to define with sufficient precision the conditions of employment and to make those

    conditions known to workmen. Another important enactment at state level was the Bombay

    Industrial Relation Act, 1946. The act makes elaborate provisions for the recognition of trade

    unions and rights thereof.

    Post-Independence Era

    6. 1947 and since

    a. With the advent of independence, the trade union movement in India got diversified on politicalconsideration. The labor leader associated with the National Congress Party formed the Indian

    National Trade Union Congress in 1947. The aim of the INTUC is to establish an order of

    society which is free from hindrances in the way of an all round development of its individual

    members, which fosters the growth of human personality in all its aspects and goes to the utmost

    limit in progressively eliminating social, political or economic activity and organization of society

    and the anti-social concentration of power in any form.

    b. In 1948 the socialist party formed an organization known as Hind Mazdoor Sabha. The aims and

    objects of the sabha are to:

    i. To promote the economic, political, social and cultural interest of the Indian working

    class

    ii. Guide and coordinate the activities of affiliated organizations and assists them in their

    workiii. Watch, safeguard and promote the interests, rights and previlages of workers in all matters

    relating to their employment

    iv. Promote the formation of federation of unions from the same industry or occupation

    v. Secure and maintain for the workers

    1. freedom of association,

    2. freedom of speech,

    3. freedom of assembly,

    4. freedom of press,

    5. right of work or maintenance,

    6. right of social security and

    7. right to strike

    vi. Organize and promote the establishment of a democratic socialist society in India,

    vii. Promote the formation of cooperative societies and to foster workers education

    viii. Cooperate with other organizations in the country and outside having similar aims and

    objectives.

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    c. A year later in 1949, another organization, namely, the United Trade Union Congress was formed.

    The aims and objects of the United Trade Union Congress as given in its constitution are:

    i. Establishment of socialist society in India

    ii. Establishment of a workers and peasants in India

    iii. Nationalization and socialization of the means of production

    iv. Safeguarding and promoting the interests rights and privileges of the workers in all

    matters , social , cultural , economic and political

    v. Securing and maintaining for the workers

    1. freedom of speech,

    2. freedom of press,

    3. freedom of association,

    4. Freedom of assembly

    5. Right to strike,

    6. Right to work or maintenance,

    7. Right to social security

    vi. Bringing about unity in the trade union movement.

    d. The same year also witnessed the passing of the Industrial Disputes Act, 1947 and the Trade

    Unions (Amendment) Act 1947. The former Act introduced and adjudication system on All India

    level. It prohibits strikes and lock-outs without giving fourteen days prior notice and during the

    pendency of conciliation proceedings before a Conciliation Officer in public utility services. Innon public utility services it prohibits strikes and lock-outs during the pendency of proceedings

    before Board of Conciliation, Labor Court, Tribunal, National Tribunal and Arbitration (when a

    notice is given Section 10-A of the Act). The Act further prohibits strikes and lock-outs during the

    operation of settlement or award in respect of any matter covered settlement or award. The latest

    Act brought several changes of great significance. The Act provided for recognition of Trade

    Unions and penalties for unfair labor practices by employers and unions. But the Act has not yet

    been enforced. Again in 1950 the Trade Unions Bill was introduced in the Parliament providing

    for registration and recognition of Trade Unions and penalties for certain unfair labor practices.

    On dissolution of the Parliament, the bill lapsed and has not since been brought forward by

    Government for the Parliament.

    e. Political involvement continued even after 1950. In addition to four major all India Organizations

    discussed above there are three unattached unions dominated by one of the other political parties.For instance on 23rd Jul, 1954 federation namely, Bhartiya Mazdoor Sangh (BMS) was formed in

    Bhopal by Jan Sangh Party presently known as Bhartiya Janta Party. The main object of BMS is

    to check the increasing influence of the Communist Unions in the Industry and co-operate with

    non communist unions in their just cause. A year later Central Federation, namely, Hind Mazdoor

    Panchayat, a new trade union organization by Sanyukt Socialist Party and Indian Federation of

    Independent Trade Unions which has no affiliation with any political party were formed.

    f. The period also saw the amendments in the Trade Unions Act in 1960. The amended Act brought

    four new provisions:

    i. Minimum membership subscription has been incorporated

    ii. The registrar of Trade Unions has been empowered to inspect account books, register,

    certificate of registration and other documents connected with the return submitted by

    them under the trade union actiii. Government is empowered to appoint additional and Deputy Registrar with such power

    and functions as it deems fit

    iv. Fate of the application for registration where applicants (not exceeding half of them)

    cease to be members or disassociate themselves from the application has been statutorily

    decided

    g. Some independent trade unions met at Patna on 21 March, 1964 and decided to form the All India

    Independent Trade Union Congress but this effort to unite the unaffiliated unions did not continue

    for a longer period and met an early death

    h. The act was once again amended in 1964. It made two changes:

    i. It disqualifies persons convicted by the court of an offence involving moral turpitude from

    becoming office-bearers and members of the executive of a registered trade unions

    ii. It requires for the submission of annual returns by registered trade union in a calendar

    year basis

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    i. 1970 witnessed another split at the national level in the AITUC. The decision of left communist

    group, which decided not to remain within the AITUC resulted in the formation of a separate

    organization, namely, the centre of Indian Trade Union by the Marxist Communist

    j. A further split took place in 1970-72. During the period there was a split in the united Trade

    Union Congress and another organization namely, the United Congress Lenin Sarani was formed.

    7. The Unity Move

    a. In 1972 a new experiment was made when three central trade union organizations, namely, the

    HMS, the INTUC, and the AITUC in the meeting held on 21 May, 1972 at new Delhi agreed to

    establish a National Council of Central Trade Unions for the purpose of

    i. promoting understanding cooperation and coordination in the activities of the central trade

    unions,

    ii. to defend the interests of the working class and the trade unions movement,

    iii. to advance the interest of the working people and help towards the development of the

    national economy on a democratic, self-reliant and non-monopoly basis,

    iv. To overcome trade union rivalry and bring about trade union unity for common objectives

    and action.

    However, this organization even for limited purpose could not survive for a longer period and

    met an early death

    b. In September 1977 an All India Convention of Central Organization of trade unions includingCITU, BMS, HMS, the TUCC was called which demanded time bound programs ensuring

    reduction in wage disparity, national wage and price policy and need based wages for industrial

    and agricultural workers

    c. In 1981 once again unity was shown in the trade unions to protest the promulgation of the

    Essential Services Maintenance Ordinance, 1981 and also the bill in that regard in the parliament.

    A year later in 1982 the Trade Union (Amendment) Bill, was introduced in Lok Sabha. The bill

    proposed to make the following amendments in the act, namely:

    i. To reduce multiplicity of unions

    ii. To have machinery or procedure for the resolution of trade union disputes arising from

    inter-union and intra-union rivalries

    iii. To have any time limit for registration of trade unions.

    iv. Also proposed to provide that a trade union whose certificate of registration has beencancelled would be eligible for re-registration only after the expiry of six months from the

    date of cancellation of registration, subject to certain conditions being fulfilled by the

    trade unions

    v. To enhance the percentage limit of the office bearers in executive of a registered trade

    union who are the persons actually engaged or employed in an industry with which a trade

    union is connected from 50 percent to 75 percent

    vi. It is proposed to empower the registrar of Trade Unions to verify the membership of

    registered unions and connected matters and report the matter to the State and central

    Governments

    vii. Penalties specified in the act for the contravention of its provisions are proposed to be

    enhanced

    viii. The bill also provides for the constitution of a bargaining council for a three year term tonegotiate and settle industrial disputes with the employer

    d. While the unit-level bargaining council will be set up by the employers, the appropriate

    government will empowered to set up such councils at industry level

    e. However the aforesaid bill lapsed. Six years later the Trade Unions and the Industrial Disputes

    (Amendment) Bill, 1988 was introduced in the Rajya Sabha on May 13 1988 but it has not yet

    received the color of the Act

    f. The government of India had in 1997 approved certain amendments to the Trade Unions Act,

    1926. The objectives of these amendments, is to ensure organized growth of trade unions and

    reduce multiplicity of trade unions. The Trade Unions Amendments Bill, 1997 was to be

    introduced in the Rajya Sabha in the winter session of the parliament in the year 1997, but due to

    various reasons, it was not introduced.

    g. Recently a consensus emerged among the leading trade union federation like the BMS, AITUC,

    CITU and INTUC on protection to domestic industry, strengthening the public sector units by way

    of revival and induction of professionals in the management and amendment of labor laws

    and among other inclusion of rural and unorganized labor in the social safety net.

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    OBJECTIVES OF TRADE UNION

    The main objectives of the trade unions are:

    1. To ensure full employment

    2. To secure greater participation of workers in the management of enterprises

    3. To secure complete organization of all categories of workers including agricultural labor

    4. To organize workers on an industry-wise basis

    5. To improve the conditions at work and to provide various social security measures

    6. To develop among the workers a sense of responsibility towards industry and the community

    7. To oppose management

    8. To exercise leadership

    Thus the worker is motivated towards the union membership to the degree that he thinks it will satisfy his wants and

    reduce his wants dissatisfaction. The ties are strong when he expected want satisfaction is strong, and vice-a-versa.

    FUNCTIONS OF TRADE UNIONS

    The primary functions of a trade union are to promote and protect the interests and basic needs of its members.

    Important among these are:1. To secure for the workers fair wages

    2. To safeguard security of tenure and improve conditions of service

    3. To enlarge opportunities for promotions and training

    4. To improve working and living conditions

    5. To provide for educational, cultural and recreational facilities

    6. To cooperate in and facilitate technological advance by broadening the understanding of workers on its

    underline issues

    7. To promote identity of interests of the workers and their industry

    8. To offer responsive cooperation in improving levels of production and productivity, discipline and high

    standards of quality

    9. To promote individual and collective welfare

    PROBLEMS OF TRADE UNIONS

    The following are the main problems of trade unions in India:

    1. Uneven growth: the growth of trade unions has not been even among the various industries. Plantations, coal

    mines, food industries, textiles, printing presses, chemicals, utility services, transport & communication and

    commerce are the main organized industries in which unionism has made progress. The degree of unionization

    varies widely from industry to industry. The manufacturing group contributed the largest share, followed by

    services, transport, communication & storage & cotton textiles. In other industries they are not well

    developed.

    Small size of unions: the small size of trade unions is due to various factors, namely: the fact that any

    seven workers may form a union under the Trade Union Act of 1926, and get it registered, so that a largenumber of small unions have come up.

    The women workers who form a substantial part of the work force are not allowed to join trade unions.

    The structure of the trade union organization in the country is the factory or unit of employment; so

    whenever employees in a particular factory or mine are organized, a new union is formed.

    Though the number of unions and union membership is increasing, the average membership has been

    declining.

    Rivalry among the leaders and the central organizations as resulted in a multiplicity of unions.

    2. Financial weakness: trade unions suffer from financial weakness, for the average yearly income of a union

    has been rather low and inadequate. This is because the workers are apathetic towards trade unions and do not

    want to contribute a part of their hard earned money. Members, instead of making regular payments to the

    union, make ad hoc payments if a dispute arises.

    3. Multiplicity of unions: multiple rival unions are an important feature and one of the great weaknesses of the

    Indian trade union movement. The multiple trade unions are because of;

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    a. The political outsiders wanting to establish of their own with a view to increasing their political

    influence.

    b. The Trade Union Act 1926 permits seven members to form and register a union. In India, many of the

    unions are general unions.

    c. In a democracy even a minority is given an opportunity to organize and further its interest. This has

    given rise to multiplicity of Trade Unions in an organization.

    d. Within a single organization, there exist a number of groups comprising insiders and outsiders, new-

    comer and old-timers, north-earners and south-earners.

    Given the large number of trade unions at the national and regional level with each other for increased

    membership has led to disunity among the workers.

    4. Inter-union rivalry: the multiplicity of unions at the plant level has created the problem of inter-union

    rivalry. These unions often disagree over technological change, rationalization, automation or terms and

    conditions of employment and may lead to work stoppages. Sometimes one union agrees while the other does

    not due to rivalry among leaders, differences in strategy to be adopted ideological differences or personality

    clashes.

    5. Leadership issue: another important problem of trade unions is the leadership of Trade Unions by person who

    are professional Politian and lawyers & doctors and who are not employees of the organization. This is

    Leadership by intellectuals. Rather than by workers. It applies at the local as well as a national level. Thisphenomena exists for several reasons:

    a. The rank and file, being illiterate, cannot communicate effectively with the management.

    b. Men in managerial positions are generally members of higher castes than those of the rank and file

    unionists.

    c. Union members generally avoid victimization if they become office bearers of trade unions.

    d. For insuring a measure equation of power in collective bargaining where the workers are generally

    uneducated and have a low status.

    e. Due to lack of financial resources trade unions do not appoint whole time office bearers.

    6. Political nature of unions: the Trade Unions by their very nature are political. Trade Unions through their

    collection action are organization concerned with the interest of a particular class. However, they are alsoconcerned with the distribution of power and decision making. These two features make the Trade Unions

    political and the inter-relationship between politics and trade union is perpetual. Both trade unions and

    political parties have vested interests in each other as an effect of their actions and strength is of interests to

    each other.

    7. Recognition of trade unions: in our industrial relations system, the employers are under no obligation to

    recognize the trade unions. In the early stages, the attitude of employers towards trade union was very hostile.

    They first try to scoff at it and then try to put it down and lastly, if the movement persists to exist, they

    recognize it. This phenomenon still exists in the present day industrial scenario. The employers frequently

    refuse to recognize either on the basis that unions consist of only a minority of employees or that two or more

    unions existed. However, the fact that the unions consist only a minority or employees or the existence of two

    or more rival unions are not in itself a sufficient reasons for refusing to recognize any or all of the tradeunions.

    STRUCTURE OF TRADE UNION

    The structure of trade unions refers to the basis on which unions are organized and to the pattern whereby

    the plant unions are organized and to the pattern whereby the plant unions are linked to regional level or

    national level federation of unions Trade Unions are classified into following three categories:

    1. Craft Unions: A craft union is formed by workers belonging to same occupation or specialization

    irrespective of industry. The carpenters working in different industries may form a union of carpenters.

    The Indian pilots Guild and International Wood carvers are the examples of craft union exist among non-

    manual workers like administrative staff professionals, technicians etc.

    Rupali Singh, Asst Professor, DoBM, HIMCS Page 23

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    2. Industrial Unions: Industrial union is formed on the basis of industry rather than on a craft i.e., the

    workers of a cotton textile factory may form a union consisting of workers of different crafts to avoid

    separate bargaining by each employee union i.e., cotton textile factory Rashtriya Mill Mazdoor Sangh

    Mumbai

    3. General Union: General Union embraces all workers whatever industry or craft in a place. Its

    membership covers workers employed I different industries and crafts e.g. Jamshedpur Labor Union. In

    out country most of the trade unions have been organized by industry.

    Another way of structuring trade unions in our country is on their pattern of relationship between national

    level, regional level, local level and plant level unions:

    1. Plant Level Union: these unions functions at lowest level or at the plant level and does not have more

    influence independently. But they generally unite in a particular craft or industry for strength

    2. Local Level Federation: The plant level unions at the local level in a particular craft or industry are held

    together by the local level federations

    3. Regional Level Federation: Due to variation in style of living language, customs, traditions, working

    conditions from region to region workers are organized at regional or state level. Regional levelFederations are organizations of all the constituents unions in a particular state or region. Regional

    Federations may be independent or may get affiliated to some national federation.

    4. National Federation: National Federation is the apex bodies at the top of the structure and act as

    coordinating body. The plant level unions, local level unions, or regional level unions may get affiliated to

    national level bodies. The national federation may have their own regional or state level coordinating

    bodies which the plant level unions may get affiliated.

    COLLECTIVE BARGAINING

    Collective bargaining is the technique that has been adopted by union and managements to be reconcile thereconflicting interests. jhagdaa

    The phrase collective bargaining is said to have been coined by Sydney and Beatrice web of great Britain,

    which is said to be the home of collective bargaining. Acc. to them, collective bargaining is the method by which

    trade unions protected and improved the conditions of their members working lives.

    The phrase collective bargaining is made up of two words- collective and bargaining-the process is the collective

    because issues relating to terms and conditions of employment are solve by representative of employees and

    employers in groups rather than an individuals. The term bargaining refers to involving an agreement using methods

    like negotiations, discussion, exchange of facts and ideas, rather than confrontation. The process of collective

    bargaining is bipartite in nature that is the negotiations are between the employers and employees, without the third

    party intervention. The objective of collective bargaining is to come to an agreement. The process of collective

    bargaining is that divergent view point is put forth by the parties concerned and through negotiations and a settlementis arrived at.

    Definitions-

    1. Acc. to encyclopaedia of social sciences:

    collective bargaining is a process of discussion and negotiation between two parties, one or both of whom is a

    group of persons acting in concerned .the resulting bargaining is an understanding as to the terms and

    conditions under which a continuing services is to be performed. More specifically, collective bargaining is a

    procedure by which employers and a group of employees agree upon the conditions of works

    2. The ILO has defined collective bargaining as negotiation about working conditions and terms of

    employment between and employer and a group of employees of more or employee organization with a view

    to reaching an agreement where in the term serve as in code of defining the rights and obligations of each

    party in their employment, relation with one another. fix a large number of detailed conditions of employment

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    and during its validity none of the matters it deals which can in normal circumstances be given as a ground for

    a dispute concerning and individual worker

    3. Acc. to Dale yoder collective bargaining is essentially a process in which employees act as a group in

    seeking to shape condition and relationship in their employment.

    4. Cox defines collective bargaining as the resolution of industrial problem between the representatives of

    employers and their freely designated representatives of employees acting collectively with a minimum of

    govt. dictation.

    5. Summer H. slitchter Defines collective bargaining as the beginning of industrial jurisprudence. It is a

    method of enforcing citizenship rights in industry i.e. mgmt should abide by certain rules rather than taking

    arbitrary decision.

    6. R.F.Hoxie says collective bargaining is a mode of fixing the terms of employment by means of bargaining

    between an organize body of employees and an employer.

    NATURE OF COLLECTIVE BARGAINING:

    1. It is carried out on collective as distinct from an individual basis i.e. the collective bargaining isbargaining of groups of people.

    2. In the bargaining process the main actors are employers and their associations

    3. The object of collective bargaining is rule making i.e. reaching an agreement by specifying the rules

    pertaining to employment relationship.

    SCOPE OF COLLECTIVE AGREMENT:

    1. The purpose of the agreement, its scope and definitions the important terms.

    2. The right and responsibility of the management and the trade union.

    3. Wages, bonus, production norms, leave, retiring benefits and other benefit and terms and conditions of

    services.

    4. Grievance redressall procedure.5. A termination clause.

    FEATURES OF COLLECTIVE BARGAINING:

    1. Collective: it is collective in two ways. One is that all the workers collective bargain for their common interest

    and benefit .the other that workers and management jointly arrive at a solution through negotiation.

    2. Strength: across the table both parties bargain from a position of equal strength.

    3. Flexible: it is a group action where representative of workers and mgmt. expand energies in order to arrive at a

    consensus .It has sufficient flexibly since no party can afford to be inflexible and visit in such situation.

    4. Voluntary: both workers and management come to negotiating table voluntarily in order to have a meaningful

    dialogue on various troubling issues.

    5. Continuous: collective bargaining is a continuous process .It does not commence with negotiation and with an agreement.

    6. Dynamic: collective bargaining is a dynamic process because the way agreements are arrived at ,the way they

    are implemented the mental makeup of parties involved keep changing.

    7. Power relationship: workers want to gain the maximum from mgmt. and mgmt. wants to extract the max

    from workers by offering as little as possible.

    8. Representation: The chief participants in collective bargaining do not act for them. They represents the

    claims of labour an mgmt. while trying to reach an agreement.

    9. Bipartite process: the employers and employees negotiate the issues directly face to face across the table.

    There is no third party intervention.

    OBJECTIVES OF COLLECECTIVE BARGAINING:

    1. To settle conflicts resulting to wages and working conditions.

    2. To protect the interest of workers to collective action.

    3. To resolve the diff between workers and mgmt. through voluntarily negotiations and arrived at a concensus.

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    4. To avoid their party intervention in matters relating to employment.

    SIGNIFICANCE OF COLLECTIVE BARGAINING:

    1. Institutional importance: collective bargaining has come to be reckoned as an imp. Institution in almost all

    the industrialized democratic societies that have recognized an allow freedom of association.

    2. Man power economic rule: Acc. To Baleyoder collective bargaining plays an imp. role in manpower

    allocation, utilization an conservation

    3. To words promoting industrial peace: collective bargaining is considered as the first available method of

    resolving and for settlement of any industrial conflict.

    4. A great social invention: Kornhanser and his other associates the editors of the publications industrial

    conflict have hailed collective bargaining as the as the great social invention that has institutionalized

    industrial conflict.

    5. Restrains managements unilateral actions: collective bargaining has traditionally concerned, with the

    regulation and settlement of wages and other employment conditions of the employees and in the maintenance

    of healthy industrial relation between mgmt. and workmen.

    NEED OF COLLECTIVE BARGAINING:

    1. The high degree at collective bargaining as measured in terms of proportion of workers cover by collectiveagreements.

    2. Qualitative conduct of the parties to collective bargaining both before a situation warranting negotiations

    develops and the method followed at the time of arriving at agreements.

    3. The right priorities assign to if methods in the agreement and their changing method over time.

    4. a structure of bargaining with emphasis on central bargaining which is purpose to give some order an stability

    to labour mgmt relations.

    TYPES OF BARGAINING:

    1. Conjunctive/Distributive/ bargaining:the parties try to maximize their respective gains. They try to settle

    economic issues such as wages, benefits, bonus etc. through a zero sum game .unions negotiate for maximum

    wages.

    2. Cooperative Bargaining: when companies are hit by recession they cannot offer the kind of wages and benefitsdemanded by workers at the same time they cannot survive without the latest support. Both parties realize the

    importance of surviving in such difficult times and are willing to negotiate the terms of employment in a

    flexible way.

    3. Productive bargaining: In this method workers wages and benefits are links to productivity. A standard

    productivity index is finalized through negotiation initially. Workers do not have to perform at exceptionally

    high levels to beat the index.

    4. Composite Bargaining: here labour bargains for wages as usual but goes a step further demanding equity in

    matters relating to work norms, employment leaves, manning standards, environmental hazard etc. unions are

    able to prevent the dilution of their power and ensure justice to workers by putting certain limits on the

    freedom of employers.

    PRINCIPLES OF COLLECTIVE BARGAINING:

    Arnold F. Cmpo suggests the following principle for efficient function of collective bargaining:

    For Union And Management

    1. collective bargaining should be made an educational as well as bargaining process .it should offer to trade

    union leaders n opportunity to present to the management the wants, the desire, the grievances and the

    attitude of its employees and make it possible for the management to explain to union leaders an through

    them to its employees, the economic problem which confront it.

    2. The management and the trade union must look upon collective bargaining as a means of finding the best

    possible solution and not as a mean of acquiring as much as one can while conceding the minimum.

    3. Both the parties to a dispute should command the respect of each other.

    4. There should be mutual confidence and good faith, an a desire to make collective bargaining effective in

    practice.

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    5. There should be an honest able and responsible leadership for only this kind of leadership will make

    collective bargaining effective and meaningful.

    6. The two parties should meticulously observe and abide by all the national and state laws, which are

    applicable to collective bargaining.

    7. Both the parties must bear in mind the fact that collective bargaining is in a sense, a form of price fixation

    and that any successful collective bargaining depends, in the last analysis on whether the management and

    the trade union do a good job of ensuring that the price of labor is property adjusted to other prices.

    For the Management:

    1. The management must develop and consistently follow a realistic labor policy, which should be accepted

    and carried out by all its representatives.

    2. In order to ensure that the trade union feels that its position in the organization or factory is secure, the

    management must grant recognition to it without any reservations and accept it as a constructive force in

    the organization and the industry.

    3. The management should not assume that employees goodwill should always be there for it. It should

    periodically examine the rules and regulations. By which its labour force is governed

    4. The management should act upon the assumption that in order to make the trade union are responsible and

    conservative body, it is essential that it should be fairly treated.

    5. The management should not wait for the trade union to bring employees grievances to its notice butshould rather create the conditions in which the trade union will not do so and should settle the grievances

    of the employees even before the trade union brings them to the notice of the management.

    6. The management should deal with only one trade union in the organization. If two trade unions seek

    recognition, no negotiation should be undertaken with till one of them establishes the fact of having the

    majority of the membership of the employers in its organization.

    7. While weighing the economic consequences of collective bargaining the management should place greater

    emphasis on social consideration.

    For The Trade Union:

    1. In view of the rights granted to organized labour it is essential that trade union should element

    racketeering and other undemocratic practices within their own organization.2. Trade union leader should not imagine that their only function is to secure higher wages for their members

    and shorter hours of work a better working condition for them.

    3. Trade union leaders should appreciate the economic implications of collective bargaining for their

    demands and generally made from the income and resource of the organization in which their members

    are employed.

    4. Trade union leader should assist in the removal of such restrictive rules and regulation as are likely to

    increase cost an crises and reduce the amount that can be paid out as wages.

    5. Trade union should resort to strikes only when all other methods of the settlement of a dispute have failed

    to bring about satisfactory results.

    PROCESS OF COLLECTIVE BARGAINING:

    Step 1: Pre Negotiation Phase:

    this is the stage before starting collective bargaining. At this stage the management wants to estimate the

    power and capacity of labour unions. At this stage all the relevant data, information and figures are

    collected so that the stage may be prepared for negotiation.

    Step2: Selection of negotiators:

    At this stage both the management and the labor union select their representatives who will take part in

    negotiations from their side. Only such person selected as negotiators who are fully acquainted with the

    problems on which negotiations are going to be held.

    Step 3: Strategy of bargaining:

    Management should decide the basic strategies and policies that will be followed at the time of bargaining

    with the employees. Everything must be made clear before going to the bargaining table. The management

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    should get due power to enter into agreements with workers. Similarly labor union should also determine

    the strategies on the basis of which they will take part in negotiation.

    Step 4: Tactics of Bargaining: The technique of collective bargaining should depend upon the principle of the

    give and take both the parties try to get more then they sacrifice. The services of government mediators can

    also be used if require

    Step 5: Contract:

    Fifth stage of the process of collective bargaining is to enter in to a collective agreement. Such agreement

    are made for a certain time these agreement give full details of security of job , grievance handling

    procedure, promotion policy, transfer policy, rules regarding lay off , rules regarding retrenchment, hours

    of work, rules regarding leaves, incentive schemes etc.

    Step6: Implementation of the contract:

    The last stage of the process of collective bargaining is the implementation of the agreements entered into

    between management and labour unions. Both the parties should honour these agreements implement them

    whole heartedly

    DISCIPLINE

    Discipline means a condition in the organization when employees conduct themselves in accordance with the

    organizations rules and standards of acceptable behavior

    Discipline also means orderliness. In industrial context, it means working and behaving in a normal and

    orderly way, as any reasonable person expects an employees to do

    The term Indiscipline is both the cause and effect of the state of industrial relations

    The term Indiscipline can be described as non-conformity to formal and informal rules and regulations

    It is necessary to correct indiscipline in an organization as soon as it is observed because it results in chaos,

    confusion and diffusion of results

    Objectives of Discipline

    Discipline in an organization is very essential for the following purposes:

    1. Smooth running of the organization

    2. To obtain a wiling acceptance of rules and regulations of organization

    3. It enhance efficiency and reduces costs

    4. It minimizes absenteeism and employee turnover

    5. It promotes better care for equipments

    6. Employees gain a sense of security and safety

    7. It increases the self respect for the company

    Causes of Disciplinary Violations

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    There can be many causes for the disciplinary violations as that related to ignorance, illiteracy, Non-adherance

    to the industrial culture, Non-redressal of grievances, lack of commitment to work, absence of occupational status, low

    wages, unfair labor practices, bad working conditions, etc. These causes may broadly be classified into the following

    categories:

    1. Causes related to the workers

    2. Causes related to the socio-cultural factors

    3. Causes related to the management practices

    4. Causes related to the work environment

    Indiscipline Problems

    S.P. Robbins has described commonly found discipline problems as follows:

    1. Attendance: it is a foremost problems having Absenteeism, tardiness, sick leaves, and other aspects ofattendance. The reasons includes:

    a. Organization fail to alight workers goals with those of the organization

    b. Changing attitude towards work

    c. Different backgrounds of the new entrants

    d. Many employees believe that the earned leaves should be consumed

    e. Employees/ Trade union leaders believe that it is difficult to fire them

    2. On-the-job Behavior: it includes the following

    a. Insubordination

    b. Fighting

    c. Gambling

    d. Failure to use safety devices

    e. Carelessness

    f. Use of alcohols and drugs

    3. Dishonesty:

    4. Outside Activities: it includes

    a. It affects on-the-job performance

    b. Unauthorized strikes

    c. Having ones wages garnished

    d. Outside criminal activities

    e. Working for a competing organization

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    Disciplinary Actions

    1. Minor Punishments/ Minor Disciplinary Actions:

    a. Oral Warnings: when an employee commits minor omissions, he may be given an oral reprimand by

    the superior concerned. In such cases, the superiors should enlightened the employees as to how to

    prevent their recurrence. Since repeated warnings may bring down drastically the level of morale of

    the employees, oral warnings should be used sparingly

    b. Written Warnings: whenever oral warnings fail to achieve the desired behavior on the part of an

    employee, written warnings, which are the first formal state of progressive discipline, may be resorted

    to. Written warnings are also referred to as pink slips which indicate that certain rights would be

    withdrawn in case the employees continues his omissions or misconduct

    c. Loss of Privileges and imposing fines: if an employee leaves the work, without taking the

    permission of the superior, he may not be allowed to select good tools and machine for himself and to

    move freely in the company. All these might have been the privileges enjoyed thereto by the

    employee. Further, if the contract of employment provides for imposition of fines by the employer on

    the delinquent employees, the employer may resort to them.

    d. Punitive Suspensions: under punitive suspension the employer prohibits the employee from

    performing the tasks assigned to him and the wages are withheld or withdrawn during the period of

    such prohibition

    2. Major Punishments/ Major Disciplinary Actions

    a. Withholding of Increments: this is a major punishment. Under this method, the employer withholds

    the annual increments of the delinquent employee in a graded scale

    b. Demotions: Under this kind of punishment, an employee is reduced to a lower grade from the grade

    enjoyed by him earlier. Normally this method is resorted to when an employee is promoted by mistake

    and he is not able to perform the job.

    c. Terminations:

    i. Discharge Simpliciter: termination of the service of an employee may not be on account of

    his misconduct but may be for loss of confidence or for certain other reasons which do not

    cast a slur on him. This is referred to as Discharge Simpliciter. In such case, if the employee

    challenges the employers, the employer must prove them. In it, the employer is not bound to

    hold an enquiry.

    ii. Discharge: Discharge amounts to termination of service by giving agreed notice or payment

    and acceptance of money in lieu of such notice. In other words, in discharge, the reciprocal

    promises and obligations are stated to be discharged

    iii. Dismissal: Dismissal is also referred to as industrial capital punishment. Dismissal is the

    extreme form of punishment. It is usually awarded only when it becomes incompatible to

    continue employer-employee relations. It is also awarded in case of willful insubordination,

    disorderly behavior, theft, etc.

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    EMPLOYEE GRIEVANCES

    Introduction

    There are many factors in industry which make a worker unhappy and dejected. May be his fellow workers are

    non-cooperative or his foremans sarcastic or harsh remarks on his own personal problems outside the factory or

    domestic matters. Poverty, undernourishment debts, unemployed dependants etc. may be working adversely in his

    mind. He looks around and finds everybody being unkind to him. He is aggrieved and wants to ventilate his feelings

    and reaction.

    Torrington has approved a useful categorization of dissatisfaction complaint and grievance.

    Dissatisfaction means anything that disturbs an employee, whether or not the unrest is expressed in words.

    Complaint means a spoken or written dissatisfaction brought to the attention of the supervisor or the shop steward.

    Grievance means a complaint that has been formally presented to management representative or to a union official.

    Definition

    A grievance is a formal dispute between an employee and management on the condition of employment.

    Grievances are complaints that have been formally registered in accordance with the grievance procedure

    Jackson.

    A grievance is any dissatisfaction or feeling of injustice in connection with ones employment situation that isa brought to the attention of the management beach.

    According to Michael JJucius the term grievance means any discontent or dissatisfaction, whether expressed or

    not whether valid or not arising out of anything connected with the company that an employee thinks believes or even

    feels, is unfair unjust or inequitable. This definition is very broad and covers dissatisfaction which have the following

    characteristics:

    1. The discontent may arise out of something connected with the company workers may be dissatisfied

    because of several reasons e.g., illness in the family quarrel with a neighbor disburg for the political party in

    power, and so on. Such outside sources are beyond the control the control of the company and therefore do

    not constitute a grievance.

    2. The discontent may be expressed or implied. Expressed grievances are comparatively easy to recognize and

    tardiness are manifested in several ways e.g., gossiping, jealousy, active criticism. Argumentation, increasedlabor turnover, carelessness in the use of tools and materials, untidy housekeeping, poor workmanships.

    Unexpressed grievances are indicated by indifference to worlike love hatredk, daydreaming, absenteeism, etc.

    3. The discontent may be valid, legitimate and rational or untrue and irrational or completely ludicrous.

    The point is that when a grievance hold by an employee comes to the notice of management it cannot usually

    dismissed it as a irrational or untrue. Such grievances also have to be attended to by the management in the same way

    as rational grievances. Emotional grievances which are based upon sentiments, (like love, hatred, resentment, anger,

    envy, fear etc.). Misconceptions and lack of thinking are examples of irrational behaviour. These grievances are most

    difficult.

    Forms of Grievance

    An grievance may take any of the following forms:

    a. FACTUAL: A factual grievance arises when legitimate needs of employees remain unfulfilled e.g. waged

    hike has been agreed but not implemented citing various reasons.

    b. IMAGINARY: When an employees dissatisfaction is not because of any valid reason but because of wrong

    perception, wrong attitude, or wrong information he has such a situation may create an imaginary grievance.

    Though management is not at fault in such instances, still it has to clear the fog immediately.

    c. DISGUISED: An employee may have dissatisfaction for reasons that are unknown to himself. If he/she is

    under pressure from family, friends, relatives, neighbors, he/she may reach the work spot with a heavy heart. If

    a new recruit gets a new table and almirah this may be come and eyesore to other employees who have not

    been treated likewise previously.

    Causes of Grievances

    The causes of grievances may broadly classify in the following categories:

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    a) Grievances resulting from working conditions

    (i) Improper matching of the worker with the job

    (ii) Changes in schedule or procedures

    (iii) Non-availability of proper tools machines equipments for doing the job.

    (iv) Tight production standards.

    (v) Bad physical conditions of work place.

    (vi) Failure to maintain proper discipline (excessive discipline or lack of it, both are equally

    harmful).

    (vii) Poor relationship with the supervisor.

    b) Grievances resulting from period maladjustment

    (i) Over ambition

    (ii) Excessive self esteem

    (iii) Impractical attitude to life, etc.

    c) Grievances resulting from management policy

    (i) Wage payment and job rates.

    (ii) Leave

    (iii)Overtime

    (iv) Seniority

    (v) Transfer(vi) Promotion, demotion, discharges

    (vii) Lack of career planning and employee development plan.

    (viii) Hostility towards a labor union

    d) Grievances resulting from alleged violation of

    (i) The collective bargaining agreement

    (ii) Central or state laws

    (iii)Past practice

    (iv) Company rules

    (v) Managements responsibility

    Essential Prerequisites of a Grievance Procedure

    Every organization should have a systematic grievance procedure in order to redress the grievance effectively. The

    grievance procedure to be sound and effective should possess certain prerequisites.

    a) Conformity with statutory provisions- due considerations must be given to the prevailing legislation while

    designing the grievance handling procedure.

    b) Unambiguity- every aspect of the grievance handling procedure should be clear and unfiguous. All

    employees should know whom to approach first when they have a grievance, whether the complaint should be

    written or oral the maximum time in which the redrassal is assured etc. the redressing official should also

    know the limits within which he can take the required action.

    c) Simplicity- the grievance handling procedure should be simple and short. If the procedure is complicated it

    may discourage employees and they may fail to make use of it in a proper manner.

    d) Promptness- the grievance of the employee should be promptly handled and necessary action must be taken

    immediately. This is good for both the employee and management because if the wrong doer is punished late,it may affect the moral of other employees wealth.

    e) Training- the supervisor and the union representation should be to nopairly trained in all aspects of grievance

    handling beforehand, or else it will complicate the problem.

    f) Follow up- the personal department should keep track of the effectiveness and the functioning of grievance

    handling procedure and make necessary changes to improve it from time to time.

    Grievance Procedure

    Grievance procedure is a formal method mutually agreed to by the management and union for dealing with

    grievances. It specifies the person to whom grievances may be referred sets time limit for solving the referred problem

    and also indicates the way grievances should be filled at various stages- the existence of the formal procedure provides

    clear opportunities to employees to seek reappraisal of their grievances. The fact that there is a time limit within which

    a decision has to be taken at any particularly level creates the feeling of confidence in the sincerity of management in

    dealing with employees problems. It has been the experience of some companies that when a grievances procedure is

    introduced the number of grievances shoot up initially it is natural for employees to overuse an opportunity that is

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    newly introduced but soon adjustment takes place resulting in an easy and helpful communication among the different

    level of the organization. Grievance procedure provides a framework within which the process of dealing with

    grievances can take place in an orderly manner.

    Steps in the grievance procedure:

    a) Identity grievances: employee dissatisfaction or grievance should be identified by the management if they are

    not expressed. If they are ventilated, management has to promptly acknowledge them.

    b) Define correctly: the management has to define the problem properly and accurately after it is

    identified/acknowledge.

    c) Collect data: complete information should be collected from all the parties relating to the grievance.

    Information should be classified as facts, data, opinion etc.

    d) Prompt redressal: the grievance should be redressed by implementing the solution

    e) Implement and follow-up: the implementation of the solution must be followed at every stage in order to

    ensure effective and speedy implementation.

    Grievance Procedure

    The procedure normally envisaged in the handling of grievances should be as follows:

    1. Approaching the officer designated. Agreed employee shall first present his grievance verbally in person tothe officer designated by the management for this purpose and answer shall be given within 48 hrs of the

    presentation of complaint.

    2. Presenting grievance to the designated head of department. If the worker is not satisfied with the decision

    of this officer or fails to receive an answer within the stipulated period he shall, either in person or

    accompanied by his departmental representative, present his grievances to the head of the department.

    Designated by the management for the purpose of handling grievance. For this purpose a fixed time shall be

    specified during which on any working day, an aggrieve worker could meet the departmental head for

    presentation of grievances. The departmental head shall give his answer within three days of the presentation

    of grievances. If action cannot be taken within that period, the reason for delay should be recorded.

    3. Forwarding the grievance to the grievance committee. If the decision of the departmental head is

    unsatisfactory the aggrieved party may request the forwarding of his grievance to the grievance committee

    which shall make its recommendations to the manager within 7 days of the workers request. If therecommendations cannot be made within the time limited, the reason for such delay should be recorded.

    Unanimous recommendations of the grievance committee shall be implemented by the management in the

    event of a difference of opinion among the members of grievance committee the views of the members along

    with the relevant papers shall be placed before the manager for final decision. In either case the final decision

    of the management shall be communicated to the workman concerned by the personal officer within three days

    from the receipt of the grievance committee recommendations.

    4. Requesting the management for revision. If the decision from the management is not forthcoming, within

    the stipulated period or is unsatisfactory the worker shall have the right to appeal to management. In making

    this appeal, the worker if he so desires, shall have a right to take a union official along with him to facilitate

    discussions with management. The management shall communicate their decision within a week of the

    workmans revision petition.

    5. Reference to voluntary arbitration. If no agreement is still possible, the union and the management mayrefer the grievance to voluntary arbitration within a week of the receipt by the worker of management

    decision.

    6. The conciliation machineryshall not intervene till final step. Where a worker has taken up a grievance for

    redress under this procedure the formal conciliation machinery shall not intervene till all steps in the procedure

    are exhausted. A grievance shall be resumed to assume the form of the dispute only when the final decision of

    the top management in respect of the grievance is not acceptable to the worker.

    7. Grievance stemming from an order by the management. If a grievance arises out of an order given by

    management, the said order shall be compiled with before the workman concerned invokes the procedure laid

    down for redress of grievance. If however, there is time lag between the issue of order and its compliance the

    grievance procedure may immediately be invoked by the order nevertheless must be compiled within the due

    date, even if all the steps sin the grievance procedure have not been exhausted. It may however be advisable

    for the management to await the findings of grievance procedure machinery.

    8. Access to connected documents. Workers representation on the grievance committee shall have the right of

    access to any document connected with the enquiry maintained in the department which may be necessary to

    understand the merits or otherwise of the workers grievances. The managers representative shall have the

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    right, however to refuse to show any document or any grieve information which they consider to be a

    confidential nature. Such confidential document shall not be used against the workman in the source of the

    grievance proceedings.

    9. Time limit for appeal. There shall be a time limit within which an appeal shall be taken from one stage to

    another. For this purpose the aggrieved worker shall within 72 hrs of the receipt of the decision at one stage or

    if no decision is recourse on the expiry of the stipulated period, find his appeal with the authority at the next

    higher stage, should be feel inclined to appeal.

    10. Other arrangements in the grievance procedures. In calculating the various time intervals under the above

    clause, holidays shall not be reckoned.

    11. Management shall provide the necessary clerk and other assistance for the smooth functioning of the grievance

    machinery.

    12. If it necessary for nay worker to leave the department during working hours on call from the labor/personal

    officer or any other officer of the established grievance machinery, previous permission of his superior shall

    necessarily be obtained subject to this condition, the worker shall not suffer any loss in wages for the work

    time lost in this manner.

    13. If however, thereby any complaint against any individual member of the staff who is nominated by the

    management to handle grievance at the lowest level the workman may take up his grievance at the next higher

    stage that is, at the level of the departmental head.

    14. Grievance arising from discharge or dismissal. In case of any grievance arising out of discharge or

    dismissal of a workman above mentioned procedure shall not apply. Instead a discharge workman shall havethe right to appeal either to the dismissing authority or to a senior authority that shall be specified by the

    management within a week from the date of dismissal or discharge. At the time the appeal is heard, the

    workman may, if he so desire, be accompanied by either an official of the recognized union or a fellow worker

    as the case may be.

    A sound grievance procedure is a must for all organization. Some important procedures tested and proved effective

    as suggested by BAER in his book Grievance handling and worth noting.

    1. Investigate and handle each and every case as though it may eventually result in dispute.

    2. Give employee a full hearing.

    3. Enforce agreements in the true spirit and ensure unions identify specific contractual provisions allegedly

    violated.4. Do not delay action or in action cause the employee or the union to default on their compliance with any

    contractual obligations.

    5. Do not deny the grievance for reason of non- compliance.

    6. Do not argue the merits of the grievance first if the grievance is untimely.

    7. Do not apply grievance remedy to an improper grievance.\

    8. Does not hold back the remedy if the organization is wrong and apply the remedy to the person wronged.

    9. Do not assume a judicial or arbitrary role.

    10. Remember always that the union is a moving party.

    11. Determine and ensure there has been equal treatment of employees.

    12. Evaluate any political connotations of the grievance.

    13. Do not practice Parking-son Law and labor relations.14. Permit reasonable latitude to the unions in the manner of its representations but do not relinquish your

    authority.

    15. Do not permit misconduct of union representative.

    16. Admit errors and take corrective actions.

    17. Use the grievance machinery as another channel of communication.

    18. Demand proper productivity levels are maintained.

    19. Control your emotions remarks and behavior.

    20. Recognize employees as individuals. Do not fail to keep employees informed as to where they stand.

    Grievance is like headache. It is a symptom and not a disease diagnosed properly, treated appropriately and in

    time the organization will be rid of the disease in the beginning itself.

    The cardinal principle says listening reduces the burden of the employees and half the problem is already

    solved by listening. Listening reduces the Greif of the other party. Political perseverance a searching look

    from within, a wide look around a long look ahead on the part of the manager always ensure that the work of

    grievance handling machinery is reduced to a considerable and manageable extent.

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    LABOUR TURNOVER

    Labor Turnover is the Rate of change in the working Staff

    Labor Turnover is the extent to which the old employee leave and new employees enter the services of the

    concern

    Statistically, labor Turnover is expressed as the ratio of yearly or monthly separations to the average numberof full time workers for that period. It is assumed that the total number of jobs available in an organization is

    constant.

    Labor Turnover can be measured either by Separation Rate or by Accession Rate.

    o Separation Rate may be defined as the total number of workers separated, left, terminated, wheather

    through death, retirement, or retrenchment from the employment during the period (i.e. severance of

    employment at the instance of workers or employers).

    o Accession Rate may be defined as the total number of workers added to the employment duting the

    period whether they were new or re-employed or transferred from other establishments or units underthe same management.

    If the number of employees remains same then , SR=AR

    If the number of employees are increasing then, AR>SR

    If the number of employees are decreasing then, SR>AR

    Causes of Labor Turnover

    1. Resignations: The chief cause of the labor turnover are resignations due to variety of reasons such as

    dissatisfaction with the working conditions, insufficient wager, bad health, sickness, old age, family

    circumstances, and for agricultural operations, etc.

    2. Dismissals: The dismissal of employees is the second important cause of labor turnover which may be due to

    disciplinary actions in case of inefficient, insubordination, participation in strikes and misconduct, etc.

    Victimization of workers who interest themselves in trade union activities has been alleged to ne a fruitful

    cause of dismissal.

    3. Lay-Offs: The employees are laid off by the employers on account of shortage of raw materials or

    discontinuance of their business due to certain other difficulties. Hence the employees seek employmentelsewhere. This increases the rate of labor turnover.

    4. Discharge of workers: This occurs when a particular piece of work for which they have been taken on is

    completed. For instance the employment of the temporary workers in the seasonal industries like sugar

    factories is followed by their discharge after the season.

    5. More attractive jobs: The attraction of high wage rates and other benefits often tempt workers to migrate

    from one enterprise or place of work to another enterprise or place of work.

    6. Methods of Recruitment and Promotion: For instance, recruitment through Badli system has contributed to

    a high labor turnover to a high labor turnover. Again in the absence of clearly laid down policy of promotionin the establishment, the workers do not stay in the organization.

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    7. Circumstances of workers: The accident, death, superannuation, marriage and the desire of the worker to

    change work are also the reasons that cause labor turnover. Workers who make a periodic exodus to the

    village for agricultural operations very often regard industrial employment as merely a second string to their

    bow. Thus labor turnover occurs as a result of migratory character of the labor.

    8. Unstable working and Service conditions: A worker may leave the job in the present factory and seek

    employment in the other, because of unsuitable working and other service conditions. Besides, the workers

    may leave his present job because of inaccessibikity of the workers home, lawer wage rates and unsatisfactoryopportunities for future promotions and advancements.

    9. Fellow workers and unions: Sometimes, the workers leaves his present job on account of disagreeable

    relations with the fellow workers. In certain cases, they are victimized in account of their active participation

    in the activities of their unions.

    10. Female workers: The female workers at the time of their marriage and other family responsibilities leave the

    job and again join some other establishments after the period is over. Therefore, the rate of labor turnover is

    high among female workers as they have to attend domestic duties and depend on their husbands.

    Methods to Reduce the Labor Turnover

    1. Evils in the method of recruitment should be removed.

    2. Recruitment should be made through employment exchanges

    3. Restrictions on the powers of jobbers should be imposed

    4. Improvement in the working conditions of the workers should be made

    5. Enlightened policy of labor management should be followed

    6. Proper wages should be paid

    7. Transfers and promotions should be made on the basis of merit

    8. Proper provisions for leave and holidays should be made

    9. Provisions of facilities for education and training should be made so that workers may get opportunity of

    increasing their efficiency and wages

    10. Provisions for the welfare of the workers should be made liberally

    11. The schemes of employment and sickness insurance should be introduced

    12. Measures should be adopted to improve the economic position of the workers and given them security of

    employment

    13. Employers should keep close contact with the trade unions and redress grievances of the workers through

    trade unions

    Trade union should maintain contact with workers and get their grievances redressed through the unions

    ABSENTEEISM

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    Meaning of Absenteeism:

    Absenteeism means the failure of the worker to report for work when he is scheduled to work. A worker is

    considered scheduled to work when the employer has work available for him and the worker is aware of it .absence on

    account of strike ,lockout, layoff or suspension is not taken into account.

    Definitions:

    Prof. Ankalikr defines absenteeism as, unauthorized absence of the worker from his job

    Prof. K.G Fenelon define it as the absence of worker when work is available

    Causes of Absenteeism:

    1. Lack of interest or a feeling of responsibility and worth whileness.

    2. After pay day sickness and hangovers contribute to absenteeism.

    3. Attitude of mind caused by environmental and sociological factor may condition some to develop a feeling of

    irresponsibility about going to work.

    4. Industrial accident and occupational disease bring about absenteeism.

    5. Poor production and material control can result absenteeism unless the flow of work between departments is

    balanced and continuous.6. Sickness is high on the list of causes of absenteeism.

    7. Some other factor like bad weather, lack of transportation, search for another job, personal business and friend

    visiting from distance locations.

    Measurement of Absenteeism

    The absenteeism rate is defined as the total man shifts lost because of absences as a percents of the total

    number of man shits scheduled

    Thus we can estimate the rate of absenteeism in the following manner.

    Rate of absenteeism = No of total man shifts lots

    No of total shifts scheduled

    Effects of Absenteeism:

    1. It directly or indirectly reduces the amount of production

    2. Distinct loss to workers because the irregularity in attendance reduces their income, when no work no pay

    is the general rule.

    3. Employer is suffered as both discipline and efficiency suffered

    Control of Absenteeism:

    Absenteeism is the serious problem for the management because its additional expenses. Hence, the measures are

    taking by the management for the control of absenteeism:

    1. The chronic offenders may be disciplined by layoffs, discharges and loss of promotion and other privileges.

    2. The new employees should be induced in such a way that there critical attitude is reduced as quickly as

    possible to avoid absenteeism from this source.

    3. The chronic offenders may be ridiculed by publicizing their names.

    4. All absent workers should be interviewed upon their return to determine causes and to impress upon their

    seriousness of their absence.

    5. The management should properly analyze the various causes of absenteeism and classify the chronic

    offenders.

    WORKERS PARTICIPATION IN MANAGEMENT

    Industry is now considered as a social institution

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    Both the management and the employees have equal interest in the survival and the prosperity of the industry

    Concept of participation is based on the concept of co-partnership and co-operation

    Moreover the

    Growth of professionalism in the industry,

    Advent of democracy,

    Development of the principles of social justice,

    Transformation of traditional labour management relations

    Have added new dimensions to the concept of participative management

    Forms Of Participation

    1. Participation Through Ownership:-

    By making workers shareholders of the company

    It has a distinct advantage of making the workers more committed to the job

    2. Participation through complete control:-

    Workers require complete control of the management through elected board

    It gives complete control to workers to manage directly all aspects of industries through their

    representatives

    Industrial disputes disappears when the workers develop loyalty to the organization

    Trade unions welcome this type of participation

    But it is not an answer to the problem of participation because the workers do not evince (having quality

    of strength) interest in management decisions

    3. Participation through staff and work councils:-

    The councils have different functions in the management of enterprise, ranging from shop floor to the

    board level

    They are a right step in the direction of industrial democracy

    But they are not successful because of the fear expressed by the trade union leaders that being mainly

    workers body staff councils may erode (destroying) their powers and prestige

    4. Participation through Joint Councils and Committees:-

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