.

(A GOVERNMENT OF INDIA ENTERPRISE)

A-601, Statesman House, Barakhamba Road

New Delhi-110 001

(SR Cell)

No. BSNL/ 5 /SR/2004 Dated the 24th Sept., 2004

Record of discussion and decisions taken in the meeting held with the participating Unions presided over by the Chief Labour Commissioner (C) at 11.00 hrs. on 23.9.2004 in the Conference Hall, 1st floor, Statesman House, New Delhi, with regard to holding of 2nd verification process for electing a majority representative union of non-executive employees in BSNL

The list of participating unions and the members who attended the meeting is available at Annexure-I.

2. At the outset, DDG (SR) welcomed the participants and conveyed the gratitude on behalf of BSNL management and participating Unions to Shri S. K. Mukhopadhyay, Chief Labour Commissioner (Central) for presiding over the meeting in spite of his busy schedule and pre-occupation. Further, DDG (SR) informed the participants briefly about the document and the agenda for the meeting. The list of documents circulated in the meeting is given in Annexure –II. Conveying his thanks to CLC (C) for making himself available to preside over the meeting, Sr. DDG (Estt) intimated that as CLC (C) will be available only in the forenoon session, in order to utilize the available time fruitfully, he requested the Unions to first take up all those issues which required clarifications and help of CLC (C). The rest of the issues given in the circulated agenda items (attached as Annexure-III) may be taken in the afternoon session.

3. While conveying his thanks to the Unions and BSNL Management, Shri S.K. Mukhopadhyay, CLC (C) pointed out that holding of election in BSNL is a gigantic task and is time-consuming as well as involves lot of money and energy. Considering the scarcity of staff under his control, he requested the Unions to consider extension of recognition period of the majority union from 2 years to 4 years. Since adequate machinery is not available at his disposal, he finds it difficult to supervise the elections every alternate year because of its magnitude and efforts/time involved. In case agreed to, the time and effort spent on election process can be gainfully utilized both by the management and the unions/workers.

4. The discussions held and the decisions taken in the fore-noon session presided over by CLC (C) are as follows: -

  1. While discussing the replies to the queries raised by the participating unions which mainly concerned with the interpretation of Code of discipline with regard to definition of Industry, Establishment and local area/unit which was circulated, the majority of participating unions were of the view that BSNL is a large organization, and may be treated as ‘Industry’. Accordingly, the Telecom circles and SSAs may be treated as "establishment’ and ‘local area/unit’ respectively. In support of their argument, they quoted the example of MTNL where two separate unions have been given recognition for Delhi and Mumbai units. It was also argued that after the 1st verification, the Management has established negotiating councils involving majority representative union at Circle and SSA level in the name of Circle Council and Local Council respectively violating the code of discipline.

It was clarified from the management side that no negotiating councils have been established at Circle and SSA level. The Circle and Local Councils had been formed primarily to address the local issues of the employees and to ensure implementation of the decisions taken at National Council level.

CLC (C) clarified that the issue of ‘Industry’ and "establishment’ was adequately clarified during 1st verification process and again it is emphasized that Telecom is an ‘Industry’ and BSNL is an ‘Establishment’. However, considering the voluminous size of the organization, as a concession, the Telecom Circles have been treated as ‘unit’, meaning thereby the Union which secured more than 50% votes in a Circle, was given right to deal with the matters of purely local interest of its members. However, considering the views expressed in this meeting, in case, there is a consensus for modification of any clause of code of discipline or on defining BSNL as ‘Industry’ thereby creating a two-tier or three-tier system, amongst all the parties, i.e. all the participating unions and the management, the same can be considered by appropriate Government. He also clarified that creation of councils with majority union & extension of facility to it is a matter of agreement between the management & the recognized representative union. These matters do not fall within the purview of code of discipline & the verification process.

After a lot of deliberations, as no clear-cut consensus could be arrived, it was decided that all the participating unions shall submit their views on this issue in writing to DDG (SR) latest by 27.9.2004 (F/N). In case, any union does not respond within the stipulated time period, it will be presumed that the concerned union is in agreement with the modalities adopted at the time of 1st verification in this regard. The views of the unions along with the views of the management will be conveyed to the appropriate Government for taking a decision.

ii. On a query raised by a union, it has been clarified by the CLC(C) that only those unions, which give an unconditional acceptance of code of discipline, shall be eligible to participate in the verification process.

At the end of forenoon session, CLC (C) has expressed that with the support of all the participating unions he is fully hopeful that this time also verification will be completed peacefully & successfully. The meeting with CLC(C) ended with the vote of thanks, both, from Management side & all participating unions’ side to CLC (C).

5. The afternoon session was presided over by Sr. DDG (Estt). The discussions held and the decisions taken on other agenda items are as follows: -

    1. Whether conditional acceptance of Code of discipline is acceptable for participation in the verification process even if the parent body of the union is not a signatory to the code of discipline?

As already clarified by the CLC(C), only those unions, which give an unconditional acceptance of code of discipline, shall be eligible to participate in the verification process.

ii) Increasing the present recognition period of 2 years for future majority representative union.

Majority of the Unions intimated that they want to continue with the present period of recognition of two years and do not agree for any extension of the recognition period. As there was no consensus to increase the recognition period of two years, it was decided to continue with the present recognition period of two years for the 2nd verification process also.

  1. For conducting the election through secret ballot under the supervision of CLC (C), Unions are required to furnish a Certificate that the conduct of election through secret ballot under the supervision of CIRM officers in the Central Sphere is acceptable to them.

    2. After discussions it was decided that Unions shall submit a certificate in this regard by 30th September 2004.

  2. Facilities to be extended to the participating unions during 2nd verification process.

    3. The participating Unions wanted to know the facilities that will be extended to them to ensure free and fair election as well as providing level playing field during the 2nd verification process. It was conveyed from the Management side that the following facilities, which were also extended at the time of first verification process, shall be extended to all the participating unions for the period from the date of issue of notification to the date of announcement of results:

    1. Confirmation of election symbols by the participating Unions -

      1. After detailed discussions, it was decided that, Unions shall submit their election symbol to ADG (SR-II), BSNLC.O. in writing under the signature of their General Secretary or Secretary General, latest by 30.9.2004. The symbol shall be in 3 x 3 inch size. (List of symbols allotted to the unions participated in the 1st verification was also circulated for ready reference).

      2. It was conveyed from the Management side that the confirmation of symbols by BSNL would be subject to the condition that they do not, in any way, match with the election symbols reserved by the Election Commission of India for political parties. Accordingly, in order to ensure that election process is held as per schedule, unions are requested to check the validity of their election symbol with Election Commission before submitting it to SR Cell.

    2. Schedule for finalization of electoral rolls –

      1. Electoral roll only to the nominated representatives of the participating unions at SSA/Unit HQrs shall be provided from 30.9.2004 onwards. The SSA/Unit level representatives shall be nominated by the Circle Secretaries/General Secretary or Secretary General and the Circle representatives shall be nominated by the General Secretary or Secretary General.

      2. Objections on the electoral rolls, if any, will be submitted by the Unions to the concerned local authority latest by 11.10.2004. In case no response is received by the stipulated date, it will be presumed that Union(s) is/are not having any objection on the electoral rolls provided to them.

      3. The concerned local authority shall finalize revision of electoral rolls, after addressing the objections received from unions, if any, by 15.10.2004.

      4. No objection from the unions on revised electoral roll, if already not submitted, to be given by 19.10.2004. In case, no response is received by the due date from any union, it will be presumed that union is not having any objection on the revised electoral roll.

    3. Tentative dates for holding elections –

      1. Formal notification to be issued on 4.10.2004.

      2. The last date of withdrawal of nomination from the verification process will be four days from the date of issue of notification.

      3. Polling, Counting of votes & announcement of result between 23.11.04 to 8.12.04.

    6. At the end of the session, DDG (SR) expressed his gratitude towards all the participating unions for their cooperation and constructive contribution made in the conduct of elections for 1st verification process, as a result of which we are able to establish set procedure for most of the items. The industrial peace in the BSNL is only because of the fact that 1st verification process was conducted in a free, fair and peaceful manner. He also thanked all the participants for their constructive contribution made in today’s meeting and expressed hope that 2nd verification process will also be completed successfully and peacefully.

    The meeting concluded with a vote of thanks to the chair.

     

     

    Sd/-

    (S. K. GUPTA)

    DDG (SR), BSNL C.O.

    Copy to :

      1. All participants

      2. All General Secretaries/Secretary General of participating unions.

    Copy for information to :

    1. PS to CMD, BSNL

    2. PS to All Directors, BSNL Board

    3. All CGMs, BSNL

    4. DDG (SR), DOT.

    Annexure - I

    A. List of Participants from Ministry of Labour-

      1. Sh. S.K.Mukhopadhyay , Chief Labour Commissioner ( Central) .

      2. Sh. A.K. Katoch, Asst. Labour Commissioner.

    B. List of Participants from BSNL Management side-

      1. Sh. S.C. Misra, Sr.DDG(Estt.),

      2. Sh. R.P.S. Hinduja, DDG (Pers.)

      3. Sh. A. K. Pathak, DDG (IR)

      4. Sh. S.K.Gupta, DDG(SR)

    v. Sh. Satish Wadhwa, ADG(SR-II)

    C. List of participants from the participating unions side-

    Sl. No.

    Name of Participating Union

    List of Representatives of the union who participated in the meeting held on 23-9-2004

    1.

    All India Backward Classes Telecom Employees Sangthan (AIBCTES)
    1. Sh. B.R. Jakhatia – Jt. Gen. Secy.
    2. Sh. Devi Prasad Patwa – Dy. Gen. Secy.

    2.

    Bahujan Trade Union of BSNL (BTU BSNL)
    1. Sh. Hari Singh – Gen. Secy.
    2. Sh. Shiw Sahay Ram – President.

    3.

    BSNL Association of Telecom Mechanics (BSNL ATM)
    1. Sh. Kolluri Anil Kumar – Gen. Secy.
    2. Sh. Kameshwar Sharma - Asst. Gen. Secy.

    4.

    BSNL Employees Congress (BSNLEC)

    Nobody participated

    5.

    BSNL Employees Union (BSNLEU)
    1. V.A.N. Namboodiri – Gen. Secy.
    2. Prabitra Chakraborty – Vice President

    6.

    BSNL Mazdoor Sangh,
    1. Suresh Kumar – Sec. General
    2. V.Naryana – Gen. Secy.

    7.

    BSNL National Telecommunication Staff Union (BSNL NTSU)
    1. Ch. Sarup Singh – Gen. Secy.
    2. Sh M.S. Yadav -

    8.

    BSNL Workers Rashtriya Union (BSNL WRU)
    1. Sh. S.D. Sharma - Gen. Secy.
    2. Sh. R. Yawalkar - President

    9.

    National Federation of Telecom Union (NFTE)
    1. Sh. O.P.Gupta – Gen. Secy.
    2. Sh. R. Krishnamoorthy – Secy.

    10.

    National Union of BSNL Workers (FNTO)
    1. Sh. K. Vallinayagam – Gen. Secy.
    2. Sh. M.R. Vashisht – Financial Secy (CHQ).

    11.

    Telecommunication Employees Progressive Union (TEPU)
    1. Sh. V. Subburaman – Gen. Secy.
    2. Sh. R. Venkataraman – Working President (CHQ)

     

     

     

     

     

    Annexure-II

    List of other documents circulated in the meeting

      1. List of Unions who have applied for participation in 2nd verification process (document no. 1)

      2. Replies prepared in consultation of the queries raised by the participating unions (document No. 2)

      3. Copy of Code of Discipline & Criteria for recognition of Unions (document no. 3)

      4. List No.1 - Circle wise details of polling booths & voters for 2nd verification process (document no. 4)

      5. List No. 2 – SSA wise details of polling booths and number of voters (document no. 5)

      6. List No. 3 – SSA/Unit wise polling booth details and number of voters (document no. 6).

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Annexure - III

    (A GOVERNMENT OF INDIA ENTERPRISE)

    A-601, Statesman House, Barakhamba Road

    New Delhi-110 001

    (SR Cell)

    No. BSNL/ 5 /SR/2004 Dated the 23rd Sept., 2004

    Agenda for discussion with the participating Unions for the meeting to be held along with the Chief Labour Commissioner (C) on 23.9.2004 with regard to holding of 2nd verification process through Secret ballot for electing a majority representative union of non-executive employees in BSNL

    1. The replies of the queries raised by the participating unions prepared in consultation with the CLC (C) ( refer document no.2).

    2. Whether conditional acceptance of Code of discipline is acceptable?

    3. Increasing the present recognition period of 2 years for future majority representative union.

    4. As the election through secret ballot is to be conducted under the supervision of CLC (C), Unions shall furnish a Certificate that the conduct of election through secret ballot under the supervision of CIRM officers in the Central Sphere is acceptable to them by 27.9.2004.

    5. Facilities to be extended to the participating unions for the period from the date of issue of notification to the date of announcement of results in order to ensure free and fair election as well as providing level playing field.

    6. Unions to confirm their symbols-

      1. Unions are to submit their election symbol to ADG(SR-II), BSNLC.O. in writing under the signature of their General Secretary or Secretary General, latest by 27.9.2004. The symbol shall be in 3 x 3 inch size. (List of symbols allotted to the unions participated in the 1st verification is circulated for ready reference).

      2. The confirmation of symbols by BSNL will be subject to the condition that they do not, in any way, match with the election symbols reserved by the Election Commission of India for political parties.

    7. Schedule for finalisation of electoral rolls –

      1. Furnishing of the electoral roll only to the nominated representatives of the participating unions at SSA/Unit HQrs. from 27.9.2004 onwards. The SSA/Unit level representatives shall be nominated by the Circle Secretaries/General Secretary or Secretary General and the Circle representatives shall be nominated by the General Secretary or Secretary General.

      2. Filing of objections on the electoral rolls, if any, by the Unions by 11.10.2004. In case no response is received by the stipulated date, it will be presumed that Union(s) is not having any objection on the electoral rolls provided to them.

      3. Revision of electoral rolls, after addressing the objections received, if any, from the union(s) by 15.10.2004.

      4. No objection from the unions on revised electoral roll, if already not submitted, by 19.10.2004.

    8. Tentative dates for holding elections –

      1. Formal notification to be issued on 4.10.2004.

      2. Polling , Counting of votes & announcement of result between 23.11.04 to 8.12.04.

    Note

    List of other documents circulated in the meeting –

      1. List of Unions who have applied for participation in 2nd verification process (document no. 1)

      2. Copy of Code of Discipline & Criteria for recognition of Unions (document no. 3)

      3. List No.1 - Circle wise details of polling booths & voters for 2nd verification process (document no. 4)

      4. List No. 2 – SSA wise details of polling booths and number of voters (document no. 5)

      5. List No. 3 – SSA/Unit wise polling booth details and number of voters (document no. 6).

     

    Sd/-

    ADG (SR-II)

    BSNL C.O.