Dispute resolution

by • 15/01/2013 • GeneralComments (0)494

Q-6:     Describe dispute resolution in detail?

Ans      DISPUTE RESOLUTION

 

General Provisions

Any dispute arising between the workmen and the employer shall be settled in any of the following manners:

1.         Shop steward’s efforts                                                2. Joint works council

3.         Negotiations between CBA and employer      4. Conciliators

5.         Arbitration                                                        6.Labour Court

7.         National Industrial Relations Commission

 

Shop steward as Labour Management link [Section 23]

(a)        Appointment

In every establishment employing 50 or more workmen a shop steward, from among the workmen (in the shop, section or department) shall act as a link between workmen and the management. Such shop steward for this purpose shall be appointed as follows:

(1)        Be nominated by the collective bargaining agent if there is one in the establishment.

(2)        Be elected by secret ballot if there is no collective bargaining agent in the establishment.

(b)       Voting

The employer shall provide all facilities necessary for holding a ballot but shall not interfere with, or in any way influence, the voting.

(c)        Term

The shop steward shall hold office for a period of one year from the date of his nomination or election.

(d)       Dispute

Any dispute regarding the election of the shop steward shall be referred to registrar whose decision shall be final and binding on all parties.

(e)       Labour-Management Link

The functions of shop steward shall be to:

(i)         Act as a link between the workmen and the employer.

(ii)        Assist rn the improvement of arrangements for physical working conditions.

(iii)       Assist in production work in the shop.

(iv)       Help workers in the settlement of problems connected with the work.

(v)        Help in solving individual grievances.

 

Joint Works Council [Section 24]

(a)        Formation

Every establishment, which employs 50 or more persons, shall set-up a joint works council consisting of workers representatives and employers representatives. The total number of members shall not be more than 10.

(b)       Representation

The workers participation sha«l be to the extent of 40% and management participation shall be equal to 60%. The convenser shall be from the management:

(1)        The workers representatives shall be:

(i)         The office-bearer of collective bargaining agents, or

(ii)        Nominees of office-bearer of CBA, or

(iii)       From workers elected if there is no CBA.

(2)        The employer’s representatives shall be from amongst directors, or their nominees or senior executives.

(c)        Powers

The joint works council shSII deal with the following matters:

(i)         Improvement in production, productivity and efficiency.

(ii)        Provisions of minimum facilities for workers employed through contractors.

(iii)       Promoting settlement of differences through bilateral negotiations.

(iv)       Encouraging vocational training within the establishment.

(v)        Taking measures for facilitating good and Harmonious working condition.

(vi)       Promoting condition of safety ai>d health for the workers.

(vii)      Provisions of educational facilities for children of workmen.

(viii)      Call for reasonable information about working of establishment.

(ix)       Meet at prescribed intervals.

 

Negotiations Between Parties [Section 25]

(a)        Event.

If at any time (a) either the employer or (b) the collective bargaining agent finds that (i) An industrial dispute has arisen, or (ii) Is likely to arise, the employer or the collective bargaining agent may communicate his views in writing to the other party.

(b)       Procedure

On receipt of communication, the party receiving it:

(a)        Shall try to settle the dispute by bilateral negotiation, within 15 days or such further time as agreed.

(b)       If the parties reach a settlement a memorandum of settlement be recorded in writing and signed by both the parties. A copy of memorandum shall be forwarded to the conciliator and other authority as specified.

(c)        If a settlement is not reached the employer or collective bargaining agent may, within 15 days, serve on the other party a notice of conciliation.

 

CONCILIATION

(a)        Conciliator Appointment [Section 26]

The Federal Government may appoint by the Provincial Government and Conciliators also.

(a)        The Provincial Government is empowered to appoint, as many conciliators as may be necessary. It will fix their jurisdiction and area within which each shall perform his functions.

(b)        The Federal Government is also authorized to appoint necessary number of conciliators.

 

(b)        Tripartite Board of Conciliators:

The Federal Government or Provincial Government shall appoint, on the request of the party raising the dispute, a Board ‘of men of standing competence.

This board shall conciliate m the industrial dispute involving more than one establishment in a province, or in an industry at national level, or in an industrial dispute of national importance if the negotiations are not satisfactorily progressing.

The Board shall stand dissolved (i) on the settlement of dispute, or (ii) on the failure of conciliation proceedings.

 

(c)        Conciliation After Notice [Section 28]

Where a settlement by negotiations between the employer and CBA is not reached a notice of conciliation shall be served (a) on the other party to the dispute, and a copy shall be delivered to Conciliator and theLabour Court.

1.         The Conciliator (or the Board of Conciliators) shall call a meeting of the parties to the dispute, as soon as possible, for the purpose of bringing about a settlement.

2.         The parties to the dispute shall be represented by persons nominated by them and authorized to negotiate and enter into an agreement binding on the parties.

3.         The employer  r office-bearer of trade union shall appear in person before the Conciliator (or Board) if S/0 required by him.

4.         The Conciliator (or Board) may suggest, to party, such concession or modification in demand as are likely to promote an amicable settlement of dispute.

5.         If settlement is arrived at the Conciliator (or Board) shall send a report thereof to Provincial Government together with a memorandum of settlement signed by the parties.

6.         If no settlement is arrived at within the period of notice of conciliation, the parties may agree the conciliation proceedings may be continued for such further period as.

 

(a)        Commencement of Proceedings [Section 34]

A conciliation proceeding shall be deemed to have commenced on the date on which a notice of conciliation is received by the conciliator under Section 28.

 

Conciliation of Proceeding [Section 27]

A conciliation proceeding shall be deemed to have concluded as follows:

(i)         When settlement is arrived at                         On the date on which memorandum of settlement is signed.

(ii)        When settlement is not arrived at       On the date on which arbitrator has given award

On the date on which period of notice of conciliation expires.

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