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Ch Soban Tatri
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© © All Rights Reserved
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Section Breakdown with Key Points:

Section 19: Collective Bargaining Agent

 Key Concept: This section establishes the process for determining a collective
bargaining agent in a workplace.
1. Single Trade Union: If only one union exists, and it has at least one-third of the
workers, it becomes the bargaining agent (subsection 1).
2. Multiple Trade Unions: If there are multiple unions, a secret ballot will decide
which union becomes the bargaining agent (subsection 2).
 The Registrar holds the election and sets rules for eligibility (subsection 3-
9).
 Facilities provided by the employer for the ballot (subsection 7).
3. Certifying Union: The union with the majority votes becomes the certified
bargaining agent (subsection 9).
4. Period of Certification: Once certified, no new application can be made for 2
years (or 3 years for larger unions) unless the union’s registration is canceled
(subsection 11).

Section 23: Shop Steward

 Key Concept: Establishes the role of a shop steward in factories with 25 or more
workers.
1. Nomination/Election: If a collective bargaining agent exists, the union nominates
the shop steward; if not, the workers elect one via secret ballot (subsection 1).
2. Term of Office: Shop stewards hold office for one year (subsection 3).
3. Disputes: Any election disputes are referred to the Registrar (subsection 4).

Section 24: Functions of Shop Steward

 Key Concept: Shop stewards represent workers, improve working conditions, and help
resolve individual grievances (subsection 1).
o They act as a liaison between workers and employers and help improve physical
conditions and production (subsection 1).

Section 25: Works Council

 Key Concept: Establishes a Works Council in factories with 50 or more workers, with
equal representation from workers and employers (subsection 1).
1. Nomination of Workers: If there is a collective bargaining agent, they nominate
worker representatives; otherwise, workers elect them (subsection 2).
2. Objective: The council works to maintain good relations, settle disputes, and
improve working conditions (subsection 1).

Section 26: Functions of Works Council


 Key Concept: The Works Council works to improve relations and resolve disputes,
promote job security, safety, health, and welfare (subsection 1).
o They discuss matters of mutual interest, such as worker welfare and training
(subsection 2e).

Section 27: Workers' Participation in Management

 Key Concept: Workers' representatives are involved in management decisions for


factories with 50 or more workers.
1. Representation: At least one worker representative is required in management,
and they can participate in most management matters except financial decisions
(subsection 4).
2. Advice: Management must seek advice from worker representatives on matters
such as policies, promotions, and worker conditions (subsection 5).
3. Rejection of Advice: If the advice is rejected, it can be taken up by the collective
bargaining agent for negotiations (subsection 8).

Section 28: Joint Management Board

 Key Concept: A joint management board must be set up in factories with 50 or more
workers, where workers hold 30% representation (subsection 1).
1. Roles: The board deals with matters such as improving productivity, fixing
wages, and worker transfers (subsection 3).
2. Worker Representation: Workers' representatives are nominated by the
collective bargaining agent or elected if no agent exists (subsection 8).

31. Unfair Labour Practices on the Part of Employers

This section addresses the conduct of employers that violates workers' rights and fair practices in
industrial relations. Key points:

 No Restriction on Union Membership: Employers can't impose conditions in


employment contracts preventing union membership (31.1a).
 Discrimination: Employers cannot discriminate based on union membership (31.1c).
 Retaliation for Union Activities: Employers cannot dismiss or transfer workers due to
union involvement (31.1d).
 Inducements to Leave Unions: Employers can't offer advantages to persuade workers to
leave unions (31.1e).
 Intimidation and Coercion: Employers cannot force a union leader into settlement using
threats (31.1f).
 Influencing the Balloting: Employers can't interfere in the voting process for
determining the collective bargaining agent (31.1g).
 Illegal Recruitment During Strikes: Employers cannot hire new workers during a strike
without permission from the Conciliator (31.1h).
 Illegal Lockouts: Employers can't support illegal lockouts (31.1j).

Mnemonic for 31:


"DR. RICH"
D - Discrimination,
R - Retaliation,
I - Inducements,
C - Coercion,
H - Hiring during strike.

32. Unfair Labour Practices on the Part of Workers

This section addresses the wrongful actions of workers or their unions:

 Persuading Union Membership: Workers cannot persuade others to join or leave unions
during working hours (32.1a).
 Intimidation: Workers cannot intimidate anyone regarding union membership (32.1b).
 Inducing Workers by Offering Advantages: Workers cannot offer or promise any
advantage to induce union membership changes (32.1c).
 Coercion and Intimidation: Workers cannot use force or threats to make the employer
accept demands (32.1d).
 Illegal Strikes: Workers cannot instigate or support illegal strikes or go-slow movements
(32.1e).
o Go-slow: Deliberate reduction in work output.

Mnemonic for 32:


"TIPS"
T - Threats and Intimidation,
I - Influence on membership,
P - Persuasion to join/leave,
S - Strikes (illegal).

33. Redress of Individual Grievances

This section details the process for workers to address grievances:

1. Grievance Submission: A worker must submit a grievance in writing within 90 days of


the issue arising (33.1).
2. Employer Response: The employer must respond within 15 days (if worker files
personally) or 7 days (through shop steward or union) (33.2-33.3).
3. Escalating Grievances: If the grievance isn't addressed, the worker can take it to the
Commission, which must make a decision within 7 days (33.4).
4. Failure to Comply: Non-compliance with decisions can lead to penalties like
imprisonment or fine (33.6).
5. Joint Grievances: Workers with common grievances may apply together to the
Commission (33.8).

Mnemonic for 33:


"GEMS"
G - Grievance (90 days),
E - Employer response (15 or 7 days),
M - Move to Commission (7 days),
S - Sanctions for non-compliance (fine/imprisonment).

42. Strike and Lock-Out

 Strike Notice: A notice of strike or lockout is required before action is taken (42.1).
 Conciliation and Adjudication: If conciliation fails, strike or lockout may proceed.
However, disputes can be taken to the Commission (42.2).
 Prohibition of Prolonged Strikes: Strikes or lockouts lasting more than 30 days can be
prohibited by the government (42.3).
 Government Intervention: The government can intervene and prohibit strikes/lockouts
in certain conditions (42.4).

Mnemonic for 42:


"STAY"
S - Strike Notice,
T - Take to the Commission,
A - Adjudication or Prohibition,
Y - You must notify before a strike.

43. Illegal Strikes and Lockouts

An illegal strike or lockout can occur under the following circumstances:

 No Notice Given: If no proper notice is given before the strike or lockout (43.1a).
 Unlawful Actions: If the dispute isn’t raised correctly (43.1b).
 Government Orders: If it continues in violation of government orders (43.1c).
 During a Settlement or Award: If it happens while a settlement or award is in effect
(43.1d).
Mnemonic for 43:
"NAG"
N - No notice,
A - Action raised incorrectly,
G - Government orders or Settlements in effect.

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