Approved union?
Querist :
Anonymous
(Querist) 08 October 2011
This query is : Resolved
Dear Experts,
What is difference between
Approved Union & Recognized Union?
ajay sethi
(Expert) 08 October 2011
under BIR act Section 3(2) defines "approved union" to be a union on the approved list
bombay industrial relations act defines recognised union
A "recognised union" is defined by sub-section (13) to mean a union which has been issued a certificate of recognition under Chapter III of the Act.
Raj Kumar Makkad
(Expert) 08 October 2011
1) Every Union to be able to function legally has to be REGISTERED under the Trade Unions Act 1926.
2) In some states (maharashtra for instance) there is a law for grant of RECOGNITION to a desirous Union (which must be registered under the Trade Unions Act 1926 anyway). In Maharashtra the law is "Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1970 (or is it 72?)". If a union fulfills conditions stipulated under that act, then it may be granted status of a "Sole Bargaining Agent" for a given establishment.
Recognition and Registration are therefore, conceptually and fundamentally mutually exclusive. But recognition may be granted to a majority union by the Management. Recognition may be granted by law to a qualified Union, independent of management's wishes and desires too!
In Industrial Relations and Collective bargaining often the question as to who to deal with assumes great significance. In such cases a Recognised Union has an edge over a simply registered Union. For example, in the same establishment there may be a multiplicity of "registered trade unions" (which is possible!) but there can be only one Recognition Trade Union.
While registration is a basic matter, recognition is significant from the point of view of stability of Industrial Relations and peace in industry!
At his stage I hope this distinction should serve your purpose. There are other matters connected with the issue of recognition like right and obligations of recognitions etc, but more about that later and if need be!
Querist :
Anonymous
(Querist) 08 October 2011
Dear Experts,
Who is more in sense of power " Recognized " or " Approved"
prabhakar singh
(Expert) 09 October 2011
It is true that, to be recognized under law, a Union does required to be registered. Registration lends authenticity of existence to the Union only after which the question of approval can arise.
If, however, an employer has approved an unregistered Union; it is Employer's mistake to do so as such an act on the part of an employer is NOT binding for law to also grant approval to an unregistered Union.
Conceptually, Union is a representative body of workmen in an undertaking which deals with the employer to protect and further interests of it's employee members. It obtains legitimacy of existence by first getting registered under the Trade Unions Act 1926 and then seeks approval as a "Sole Bargaining Agent" under an appropriate law. This helps the industry as, in a multiple trade union situation, the approval clearly spells out who to deal with and who can make committments on behalf employees that are binding under law.
Hope this will clarify the issue and remove doubts, if any.
Guest
(Expert) 09 October 2011
You question seems to be somewhat lacking of information, which you need to clear.
The question arises, approved by whom, whether by the Government by grant of certificate of recognition under some Trade Union Act, or approved by the management irrespective of whether recognized under law or not?
If approved by the management, that would mean only a collective body of touts of the management, which may work more in favour of the management for their own self interests, rather than in the interest of the employees.
Querist :
Anonymous
(Querist) 09 October 2011
Dear Experts,
I have referred above the recognized union as per Law.
Guest
(Expert) 10 October 2011
But, even in your clarification, you have not clarified anything about approved "BY WHOM" union, while you desired differenc between the recognised and approved unions. About recognised union you have already received answers from experts. Naturally, recognised union by law has more weight and validity.
Querist :
Anonymous
(Querist) 10 October 2011
Dear Experts,
Thanks a lot for your clarifications.
