Trade Unionism (7-11) Flashcards
first “trade union” in india
Bombay Millhands Association
enforcement date of TUA 1926
1st June, 1927
ITU(A)A
1947
recognition of trade unions by employers
Section 2(g)
Trade Dispute
Trade Dispute
dispute b/w e-w, w-w, e-e; concerning emp, non-emp, terms of emp, conditions of labour
S14
Which acts are n/a to registered TU’s
Societies Reg Act, Co-op scy Act, Companies Act
S2(h)
trade union definition
trade union
any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions
S3
Appointment of Registrars
The government appoints a Registrar of Trade Unions for each state and may appoint additional and deputy registrars to exercise and discharge powers and functions under the superintendence of the Registrar
S4
Mode of Registration (7/+ members, invalidty of app)
S5
Application for Reg
S6
Provisions in rules of TU
S7
Power to call for further particulars and to require alteration of name
S8
Registration
S9
Certificate of Registration
S10
Cancellation of Registration (application by TU/obtained by fraud or mistake)
S11
Appeal
S12
Registered Office
S13
Incorporation of registered TU’s
S15
Objects on which general funds may be spent
S16
Constitution of a separate fund for political purposes
S17
Criminal conspiracy in trade disputes
if agreement made in furtherance of S15, not liable to be punished u/s 120B(2)
S18
Immunity from civil suit in certain cases
breaking of CoE for TU purposes
S19
Enforceability of Agreements
an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade
S20
Right to inspect books of Trade Union
S21
Rights of minors to membership of Trade Unions
15 y/o’s allowed
S21A
Disqualifications of office-bearers of Trade Unions
- not 18 y/o yet
- convicted of crime of moral turpitude and sentenced to imprisonment in the last 5y
S22
Proportion of office-bearers to be connected with the industry
at least half should be be working in that ind
S23
Change of name
2/3rd majority and satisfying S25
S24
Amalgamation of TU’s
provided 1/2 is voting, and 60% vote in favour
S25
Notice of change of name or amalgamation
notice signed by Secy and 7 members (for a, 7 of each TU) and sent to registrar for approval
S26
Effects of change of name and of amalgamation
shall not a affect any rights or obligations of the Trade Union or render defective any legal proceeding by or against the Trade Union
shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them
S27
Dissolution
Notice of dissolution signed by Secy and 7 members (for a, 7 of each TU) and sent to registrar for approval
S28
Returns
annual general statement + changes in office bearers
S29
Power to make regulations
S30
Publication of regulations
S32
Supplying false information regarding Trade Unions
S31
Supplying false information regarding Trade Unions
S33
Cognizance of offences
Collective Bargaining
negotiations about working conditions and terms of employment between an employer, a group of employers or one or more orgs or employers on the one hand and one or more representative organisation of workers on the other with a view to convluce agreement
4 ways for determination of conditions of terms of employment
- unilaterally dictated by employer
- imposed by union
- regulated by govt
- collective bargaining
