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RECOGNITION
RECOGNITIONOF
OFAATRADE
TRADEUNION
UNIONISIS
VERY
VERYDIFFERENT
DIFFERENTFROM
FROMREGISTRATION
REGISTRATION
OF
OFTHE
THEUNION
UNIONUNDER
UNDERTHE
THETRADE
TRADE
UNION
UNIONACT,
ACT,1926.
1926.
Recognitionmeans management conferring right to the Union
1) to represent its members as thebargaining agent;
2) to enter into agreements [settlements] with the management; and
3) to air its opinion when general opinion of workmen are sought while
formulating managerial policies and decisions.

What is RECOGNITION?
Recognition means the expressed recognition of a trade union by an
employer or by an employers association for the purposes of
collective bargaining.
Recognition is different from registration.
It is the employer and only the employer, who awards recognition to
one or more unions, or refuses such recognition.

TYPES OF RECOGNITION
Recognition is of two types:

VOLUNTARY TRADE UNION RECOGNITION: When an employer

voluntarily recognizes a trade union without using any legal
procedures.

STATUTORY TRADE UNION RECOGNITION: If an employer and trade

union do not come to a voluntary recognition agreement, a trade
union can make an application for statutory recognition.

CONDITIONS FOR RECOGNITION

All ordinary members are workmen employed in the same industry or
in industries closely allied to or connected with another;
It is representative of all workmen employed by the employer in that
industry or those industries;
Its rules do not provide for the exclusion from membership of any
class of workmen
Its rules provide for the procedure for declaring a strike ;
Its rules provide that a meeting of its executive shall be held at least
once in every 6 months
It is a registered trade union.

CRITERIA FOR RECOGNITION UNDER CODE OF DISCIPLINE

1) The Unions should have at least one year standing.

2) They should have at least 15% of the membership of the

establishment to claim recognition; and 25% of the work force to
claim recognition on industrial basis.

3) When there are multiple unions in an establishment, the union with

largest membership will be given recognition.

4) The local unions if they have more than 50% of the membership of
the locality, can be recognized to represent their grievances.

5) The recognition granted will be valid for 2 years.

6) The unions which do not follow code of discipline will not be

granted recognition.

RIGHTS OF RECOGNIZED TRADE UNIONS

Right to sole representation.
Entering into collective agreement on terms of employment and
conditions of service.
Collection of membership subscription within the premises of the
undertaking, the right to check-off.
Holding discussion with departmental representatives of its workersmembers within factory premises
Inspecting by prior agreement the place of work of any of its
members.
Nominating its representatives on works/ grievance committees and
other bipartite committees.

Fundamental Right to Form Unions

Although there is a fundamental right to form unions under Article
19(1)(c) and a statutory right to get it registered, there is no
corresponding legal obliging on the employer /management
torecognizeany particular trade union, whether registered or not,
even if they are truly represenative.
Recognitionof a Trade Union receives importance when there are
multiple trade unions in an establishment.
The managements usually refuse to recognize small or regional trade
unions so as to reduce the number of different voices espousing
different demands, while negotiating wage settlement or
conditions of employment.

Current position of recognition of T.U

There is no Central law on granting recognition to trade unions.
The Parliament had once passed the Indian Trade Union (Amendment)
Act, 1947, but it was never notified or brought into force.
The said Act sought to introduce Chapter III-A into the TU Act, 1926.

RECOGNITION OF TRADE UNION

RECOGNITION BY AGREEMENT(SEC28-C):
MEMORANDUM OF AGREEMENT BETWEEN
EMPLOYER AND WORKMEN.
REGISTER THE MEMORANDUM.
REVOCATION BY
APPLICATION.

EITHER

PARTIES

ON

Conditions for recognition by order of a Labour Court (28-D):

1.

All its members are workmen employed in the same industry or

industries closely allied to or connected with one another.

2.

It is representative of all workers employed by the employer in

that industry or those industries.

3.

That its rules do not provide for the exclusion from membership
of any class of workers referred to in above clause.

4.

That its rules provided for the procedure for declaring a strike.

5.

That its rules provide that a meeting of its executive shall be

held at least once in every 6 months.

6.

That it is a registered T.U and that is has complied with all the
provisions of the T.U Act.

Application to and grant of recognition by Labour Court (Sec.28-E):

1.

Employer has failed to obtain recognition within a period of 3

months.

2.

Labour Court may call for further information.

3.

Labour Court serve notice on the Employer and investigate the

application.

4.

Order of recognition is forwarded to appropriate Govt. to notify

in the official Gazette.

Rights of Recognised T.U(Sec 28-F):

1.

To raise issue and enter into collective agreements with

Employer

2.

Any is dispute between the employer and the executive of T.U as

to whether a conclusion has been arrived.

3.

Notice Board on the premises where its members are employed.

4.

To nominate its representatives on the

grievance committee

Joint management Council

Withdrawal of Recognition (Sec.28-G)

Recognitions under sec-28-E, the Registrar or Employer may apply
to the Labour Court for withdrawal on the following grounds:
1.

Executive of T.U has committed any unfair labour practice as set

out in Sec.28-J within 3 months prior to the date of application.

2.

T.U failed to submit returns under sec. 28-I.

3.

T.U has ceased to be representative of the workman in

accordance with Sec. 28-D.

Application for fresh Recognition (Sec. 28-H):

Not less than 6 months
Recognised T.U to submit Returns (Sec. 28-I)
T.U recognised under Sec.28-E