by The areas of an individual’s rights and responsibilities depend on his relation with those around him. One belongs to a family. His first and strongest relation, in the normal circumstance, is therefore with members of his family. Then comes his work place, the society around him, the state, his professional and religious group, etc.
In his relation with his family, he has certain rights and responsibilities. Maybe he is a husband and a father. He fulfills his responsibilities and in turn exercises his rights. Similar is the case with other groups as well. The differences are in the manner in which they are established and exercised and also the degree.
Trade unions, unlike a yogi, do not live in isolation. Like family people, they interact with others around. They interact with their members as individuals do with their family members and other social groups. They interact with definite motives, in establishment of a relationship. And such a relationship in turn establishes rights and responsibilities.
The primary objective of trade unions is the welfare of their members. This is achieved by protection and promotion of workers’ interest. In this objective fulfillment, the unions interact with employers, Government, apex bodies, sister organizations, rivals, etc. In this interaction, the unions develop certain relationships, both positive and negative. The State at times interferes and regulates the relationship. The union rights and responsibilities flow from such relationships and State regulations.
The major areas of the union rights and responsibilities can be classified as:
- In relation to members
- In relation to employers
- In relation to Government
Rights and Responsibilities in Relation to their Members:
- To prescribe membership qualification, admission fee and membership fee. This is normally taken care of in the constitution of the unions.
- To admit or refuse to admit workers who have applied for membership. The union is not bound to accept any or all those who apply for membership. It reserves the right to exercise its discretion in admission of members.
- To make working rules and procedure for day-to-day work.
- To take functional and administrative decisions in day-to-day work of the union.
- To collect and administer the union fund.
- To demand loyalty and support from members. The strength of any union depends on its membership, which supports the union in its work.
- To discipline the members in their relations with the unions and personal life. The unions can take disciplinary action against those members who violate the union rules.
- To act as legal representative of their members in matters of unions’ own affairs and those related to labour-management relations.
Responsibilities towards Members:
- To conduct election of office bearers and organizational meetings as provided in the constitution of the union.
- To function democratically. This means to function according to the majority’s wishes and as per the constitution of the union.
- To collect union revenues, and meet expenditure as per sanctioned budget.
- To refrain from compelling any members to contribute towards the political fund, if kept.
- To exercise no discrimination between those who subscribe to the political fund and those who do not in their trade union rights.
- To account to the members of the union fund.
- To keep open the records of the union for the benefit of the members if they choose to see them.
- To strive for objective fulfillment of the union. This may be to protect the workers from victimization, low wage payment, irregular wage payment, etc., to promote working and service conditions, i.e. gradually improve the physical environment of the working place, shorter hours of work, longer leave, more wages and fringe benefits, bonus, etc. This in short is collective bargaining.
- To take up individual and collective grievances of members with the management for removal of the same within the agreed working and service conditions. While individual aggrieved workers can singly take up such cases with the management at the initial stage of grievance procedure, the union has a responsibility to involve itself at higher stages, if the grievances are not solved to the satisfaction of the aggrieved workmen.
- To act as the legal representative of the workmen and to enter into agreement with others in defence or promotion of members’ interest. Keep the members intimated of union activities by circular, meetings, etc.
Responsibilities towards the Employer:
- To intimate to the employer the union’s address, names of office bearers and affiliation, if any, and membership strength.
- To supply to the employer a copy of the constitution.
- To intimate to the employer the amendments in the constitution of the union and changes in office bearers, affiliation, etc.
- To intimate to the employer the name of protected workmen.
- To make commitment on behalf of workers and enter into agreement with the employer.
- To try all means for peaceful settlement of disputes before resorting to direct action.
- To take ballot or otherwise know the mind of the members before resorting to strike.
- To give notice of strike before going on strike. This is a legal requirement in public utility service.
- To advise the essential services like firefighting squad, watch and ward, etc. to be on duty even when a general strike is held.
- To honour the agreements, awards, conventions and established practices.
- To represent the grievances of workers to the proper authority designated and in time.
- To co-operate with the employer in the formation and working of:
(i) Works Committee
(ii) Production Committee
(iii) Grievance Committee
(iv) Joint Management Council
(v) Canteen Committee
(vi) Welfare Committee
- To co-operate with management in maintaining discipline in plant life.
- To co-operate with management to increase productivity.
Rights and Responsibilities in Relation to Government:
Labour is a Concurrent subject. This means that both the Central and State Governments have jurisdiction in the subject. However, in certain industries the Central Government enjoys the exclusive right. Oil and oilfields, civil aviation, railways, port and docks, banks, mines and quarries are some examples.
Certain other industries fall under the State Government jurisdiction. But here again certain areas are carved out for the Central Government. Provident Funds, Employees State Insurance Scheme, Wage Boards are examples.
They are so for administrative convenience as well as for uniformity. The rights and responsibilities of trade unions in relation to Government therefore are meant both for Central and State Governments. The rights are conferred and the responsibilities imposed more by legislations and by administrative orders.
The Rights are:
- To register trade unions. By registration a union becomes a corporate body.
- To sue and to be sued in the registered name. A union acquires this right only on registration.
- Immunity from criminal conspiracy. The trade union on registration becomes immune from any charges of criminal conspiracy as well as civil suit.
- To acquire movable and immovable property.
- To have outsiders also as office bearers of unions.
- To receive a copy of draft standing orders submitted by the employer to the certifying authority.
- To suggest modifications to draft standing orders.
- To appeal against the provisions of certified standing orders.
- To suggest amendment to standing orders on expiry of six months from its certification.
- To represent the workmen before Labour Courts, Industrial Tribunal and appellate judicial authorities.
- To represent the union by an officer of a federation of unions.
- To declare protected workmen.
- To represent for recognition of union.
- For enforceability of agreements and awards, Wage Board recommendations and tripartite conclusions.
- Interference of Government industrial relations machinery in case of public utility services.
- To request the Government for adjudication of industrial disputes.
- To cross-examine the employer’s witnesses in industrial adjudication.
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