Is trade union membership verification is mandatory through secret ballot?
DKTAZILANOM9909
(Querist) 29 September 2014
This query is : Resolved
Dear Sir,
We are the members of a registered trade
union operating in a Central Public Sector
Undertaking (CPSU) in West Bengal. Our PSU
Management has recognized our union (not
affiliated to any central trade unions) as
a sole bargaining agent for the workmen of
the PSU since last forty years. There is
also another registered trade union
(affiliated to central trade union) in the
CPSU with lesser members compare to our
recognized trade union. That registered
trade union recently demanded to CPSU
management to be recognized union claiming
that they have more members compare to our
union and demanded for membership
verification through secret ballots.
Earlier membership verification was done
two times and our union was declared as
majority union by secret ballot elections
fifteen years ago. Since then no
verification was done and we are the
recognized union with majority members. My
question is that as the other registered
union demanded for membership verification
through secret ballots so is it mandatory
for us to prove majority union through
secret ballots only or there are any other
methods to be followed to prove us as
majority union?
Regards,
Sandip
Anirudh
(Expert) 29 September 2014
Recognition of a workers' union in any organization is not an one time affair. IT should be done periodically by holding membership verification.
Rajendra K Goyal
(Expert) 30 September 2014
Depends upon the management. It can call secret ballet for providing recognition.
DKTAZILANOM9909
(Querist) 30 September 2014
Dear Rajendra-ji,
Pl tell me whether Registrar of Trade Union, West Bengal can take independent decision with the help of any law(West Bengal Trade Union Rules 1998) for membership verification through secret ballot even though our PSU management is satisfied with proper reason that we are the majority union.
Pl tell me also if the other registered(minority union presently) raise any dispute before labour department, then can Labour Commissioner take independent decision with the help of any law(West Bengal Trade Union Rules 1998) for membership verification through secret ballot even though our PSU management is satisfied with proper reason that we are the majority union?
regards,
Sandip
Dr J C Vashista
(Expert) 01 October 2014
Too long a query, consult your lawyer.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
The trade union legal advisers will be able to explain the situation more properly than any others. In my opinion, if the management recognizes the majority trade union as the only trade union, generally the registrar of trade union or the labor commissioner may not interfere with the decision after satisfying report submitted by the PSU management in this regard.
