CODE OF DISCIPLINE FOR RECOGNITION OF UNIONS

I. To maintain Discipline in the Industry (both in public and private sectors) there has to be (i) a just recognition by employers and workers of the rights and responsibilities of either party, as defined by the laws and agreements (including bipartite and tripartite agreements arrived at all levels from time to time) and (ii) a proper and willing discharge by either party of its obligations consequent on such recognition.

The Central and State Governments, on their part, will arrange to examine and set right any shortcomings in the machinery they constitute for the administration of labour laws.

To ensure better Discipline in Industry

II The Management and Union(s) agree -

i. that no unilateral action will be taken with any company matter and that disputes will be settled at appropriate level;

ii. that the existing machinery for settlement of disputes would be utilized with the utmost expedition;

iii. that there would be no strike or lockout without notice;

iv. that affirming their faith in democratic principles, they bind themselves to all future differences, disputes and grievances by mutual negotiations, conciliation and voluntary arbitration;

v. that neither party will have recourse to (a) coercion, (b) intimidation, (c) victimization or (d) go-slow;

vi. that they will avoid, (a) litigation, (b) sit down and stay in strikes and (c) lock outs;

vii. that they will promote constructive co-operation between their representatives at all levels and as between workers themselves and abide by the spirit of agreements mutually entered into;

viii. that they will establish upon a mutually agreed basis, a grievance procedure which will ensure a speedy and full investigation leading to settlement;

ix. that they will abide by various stages in the grievance procedure and to take no arbitrary action which would bypass this procedure; and

x. that they will educate the management personnel and workers regarding their obligations to each other.

III. The Management agree-

i. not to increase work loads unless agreed upon or settled otherwise;

ii. not to support or encourage any unfair labour practice such as (a) interference with the right of employees to enroll or continue as union members, (b) discrimination restraint or coercion against any employee because of recognised activity or trade unions and (c) vcictimisation of any employee and abuse of authority in any form;

iii. to take prompt action for (a) settlement of grievances and (b) implementation of settlements, awards, decisions and orders;

iv. to display in conspicuous places in the undertaking the provisions of this code in the local language (s)

v. to distinguish between actions justifying immediate discharge and those where discharge must be preceded by warning, reprimand, suspension or some other form of disciplinary action and to arrange that all such disciplinary action should be subject to an appeal through normal grievance procedure;

vi. to take appropriate disciplinary action against its officers and members in cases where enquiries reveal that they were responsible for precipitated action by workers leading to indiscipline; and

vii. to recognise the union in accordance with the criteria (Annexure I) evolved at the 16^th Session of the Indian Labour Conference held in May, 1958

IV. The Union(s) agree:

i. not to engage in any form of physical duress;

ii. not to permit demonstrations which are not peaceful and not to permit rowdyism in demonstrations;

iii. that their member will not engage or cause other employees to engage in any union activity during working hours, unless as provided by law, agreement of practice;

iv. to discourage unfair labour practices such as (a) negligence of duty (b) careless operation, (c) damage to the property, (d) interference with or disturbance to normal work and (e) insubordination;

v. to take prompt action to implement awards, agreements, settlements and decisions;

vi. to display in conspicuous places in the union offices, the provisions of this code in the local language (s); and

vii. to express disapproval and to take appropriate action against office-bearers and members for indulging in action against the spirit of this code.

CRITERIA FOR RECOGNITION OF UNIONS

1. Where there is more than one union, a union claiming recognition should have been functioning for at least one year after registration. Where there is only one union, this condition would not apply.

2. The membership of the union should cover at least 15% of the workers in the establishment concerned. Membership would be counted only to those who had paid their subscription for at least three months during the period of six months immediately proceeding the reckoning.

3. A union may claim to be recognised as a representative union for an industry in a local area if it has a membership of atleast 25% of the workers of that industry in that area.

4. When a union is recognised, there should be no change in its position for a period of two years.

5. Where there are several unions in an industry or establishment, the one with the largest membership should be recognised.

6. A representative union for an industry in an area should have the right to represent the workers in all the establishments in the industry, but if a union of workers in a particular establishment has a membership of 50% or more of the workers of that establishment, it should have the right to deal with matters of purely local interest such as, for instance, the handling of grievances pertaining to its own members. All workers who are not members of that union might either operate through representative union for the industry or seek redress directly.

7. In the case of trade union federations, which are not affiliated to any of the four central organisations of labour, the question of recognition would have to be dealt with separately.

8. Only unions, which observe Code of Discipline, would be entitled for recognition.