Q-5: Define collective bargaining agent. What are the rights and power of CBA?
Ans: COLLECTIVE BARGAINING AGENT [SECTION 20]
It is trade union of workmen of an industry, which is either declared or elected when there are more then one registered trade unions in an industry. It acts as agent of the workmen in the establishment or the industry in the matter of collective bargaining
Under Section 20 a collective bargaining agent is appointed as follows:
(i) Where One Union Only [Section 20(1)]
If there is only one registered trade union is an establishment or a group of establishments and the number of members of such trade union is not less than one-third of the total number of workmen employed in such establishment or group of establishments, then on the application of such trade union, the registrar shall certify that trade union to be the collective bargaining agent of that establishment.
(i) Such union makes an application for certification.
(ii) It has its members not less than l/3rd of the total member of workmen employed.
(ii) When More than one Unions [Section 20(2)]
If in an establishment, there are more than one registered trade unions each Inning membership of not less than one-third of the workmen employed in that establishment, then upon the applications from such trade unions, the registrar shall proceed to hold secret ballot within fifteen days to determine a collective bargaining agent. If only one trade union expresses the desire to be the certified collective bargaining agent, and there is no response from any other trade union of the establishment so desiring, then the registrar shall certify the trade union, as collective bargaining agent, which has made the application.
In case of an establishment having branches the registrar may hold secret ballot within 30 days of the receipt of application. In case of seasonal industries such application, to be entertained has to be made during the month in which the number of workmen is usually the maximum.
RIGHTS AND DUTIES OF CBA [SECTION 20(13)]
The rights and duties of the collective bargaining agent are as under:-
1. To undertake collective bargaining with the employer with respect to matter connected with employment, non-employment, terms of employment or conditions .of work.
2. To represent any workman in any proceedings.
3. To give notice and to declare a strike under the rules.
4. To nominate representatives of workmen on Board of Trustees of any welfare institution, or provident fund or workers participation fund.
5. To nominate shop steward to provide a link between the workers and management.
6. To nominate representatives of the management committee.
7. To appoint auditors to audit the accounts of the company from workers point of view.