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Bangladesh University of
Business & Technology
An Assignment on
Trade union
Human Resource
Practices in Bangladesh
Course code: HRM407
Date of Submission: 02-01-2016
Submitted to:
Ms. Nargis Begum
Lecturer
Department of Management
(BUBT)
Submitted by:
Group name: Aristotle
Sl. Name Id Remarks
01. Md. Ekramul Haque 12131101313
02. Sawon Mahamud 12131101414
03. Prianka Rani Barua 12131101286
04. Tousifa Dilshad 12131101373
Executive Summary
Despite some progress in advancing the agenda on aid effectiveness for development results,
trade unions contend that much more needs to be done if the Paris Declaration/Accra agenda
for action processes are to move significantly forward in terms of real development
effectiveness.
Given the shortcomings of the neo-liberal paradigm that has dominated development policy-
making and caused persistent poverty and a huge decent work deficit, trade unions call for a
more comprehensive development paradigm that shifts from aid to development effectiveness.
Development effectiveness is defined by trade unions as the generation of positive social
outcomes in terms of decent work, social protection, social dialogue, respect for human and
trade union rights, gender equality, environmental sustainability, and the enjoyment of decent
livelihoods and well being by all. To achieve development effectiveness, trade unions call for
the adoption by the Fourth High Level Forum of a Busan Declaration on Development
Effectiveness which should address three major goals:
I) Achieving development effectiveness,
II) Realizing the commitments made on aid effectiveness, and
III) Supporting trade union and CSO’s as development actors in their own right.
Table of content
Sl Content name
01. Introduction
02. What is trade union
03. Objectives of trade union
04. Why do workers join trade union
05. Theories/Approaches of trade union
06. Weakness/Limitations of trade union
07. Reasons for Political involvement
08. Measures suggested making trade unions more effective
09. Conclusion
10. Bibliography
Introduction
The project "Trade union" was designed to address the gap in representation of workers and
trade unions in international environmental processes at UNEP, MEAs, and other UN
constituencies. The project targeted workers and trade unions due to their ability to facilitate
debate around the social aspects of sustainable development while at the same time
contributing to the debate on economic and environmental dimensions. The project focused
broadly on capacity building, adaptation of selected case studies and awareness-raising.
The project aimed to contribute towards improving environmental and sustainable
development policies by leveraging the views, practical experiences and commitment of
workers and trade unions. The goal was to provide grounds for multi-stakeholder dialogue and
lay the foundations for a conceptual framework on the inter-linkages between labor and
environment. The project also aimed at contributing to improve the gender imbalance in
representation at decision making levels of the trade unions, and further, though a long term
goal, to assist in poverty reduction through a rights-based approach to ecosystem services.
The specific objectives of the project were to:
 increase participation of workers and trade unions in international environmental
processes;
 increase workers and trade unions´ capacities to replicate/adapt case studies on
environmental issues in their workplaces and communities, and;
 increased-awareness of the environmental issues among workers and trade unions and
how they can potentially affect their workplaces and work life.
The project was implemented in four regions: Africa, Asia Pacific, Eastern Europe and Latin
America and the Caribbean.
What is trade union
Also known as a labor union, labor organization, collective bargaining unit or, simply, a union.
At common law, a trade union was much like a general partnership, the trade union having no
legal person distinct from the members. Membership was voluntary and the members were
the union.
In contemporary labor law, trade unions have separate legal personality from their members. A
union may own property, sue and be sued - just like a corporation.
The Trade Union and Labor Relations Act 1974 (UK):
"Trade union means an organization (whether permanent or temporary) which ... consists
wholly or mainly of workers of one or more descriptions and is an organization whose principal
purposes include the regulation of relations between workers of that description or those
descriptions and employers or employers' associations....
The Canada Labor Code, at 3(1):
"Trade union means any organization of employees, or any branch or local thereof, the
purposes of which include the regulation of relations between employers and employees."
Objectives of trade union
The objectives of trade union are as follows:
A. Wages and Salaries:
The subject which drew the major attention of the trade unions is wages and salaries. Of
course, this item may be related to policy matters. However, differences may arise in the
process of their implementation. In the case of unorganized sector the trade union plays a
crucial role in bargaining the pay scales.
B. Working Conditions:
Trade unions with a view to safeguard the health of workers demands the management to
provide all the basic facilities such as, lighting and ventilation, sanitation, rest rooms, safety
equipment while discharging hazardous duties, drinking, refreshment, minimum working hours,
leave and rest, holidays with pay, job satisfaction, social security benefits and other welfare
measures.
C. Discipline:
Trade unions not only conduct negotiations in respect of the items with which their working
conditions may be improved but also protect the workers from the clutches of management
whenever workers become the victims of management’s unilateral acts and disciplinary
policies. This victimization may take the form of penal transfers, suspensions, dismissals, etc. In
such a situation the separated worker who is left in a helpless condition may approach the
trade union. Ultimately the problem may be brought to the notice of management by the trade
union and it explains about the injustice met out to an individual worker and fights the
management for justice. Thus, the victimized worker may be protected by the trade union.
D. Personnel Policies:
Trade unions may fight against improper implementation of personnel policies in respect of
recruitment, selection, promotions, transfers, training, etc.
E. Welfare:
As stated earlier, trade unions are meant for the welfare of workers. Trade union works as a
guide, consulting authority and cooperates in overcoming the personnel problems of workers.
It may bring to the notice of management, through collective bargaining meetings, the
difficulties of workers in respect of sanitation, hospitals, quarters, schools and colleges for their
children’s cultural and social problems.
F. Employee-employer relation:
Harmonious relations between the employees and employer is a sine quo non for industrial
peace. A trade union always strives for achieving this objective. However, the bureaucratic
attitude and unilateral thinking of management may lead to conflicts in the organization which
ultimately disrupt the relations between the workers and management. Trade union, being the
representative of all the workers, may carry out continuous negotiations with the management
with a view to promote industrial peace.
G. Negotiating machinery:
Negotiations include the proposals made by one party and the counter proposals of the other
party. This process continues until the parties reach an agreement. Thus, negotiations are
based on ‘give and take’ principle. Trade union being a party for negotiations, protects the
interests of workers through collective bargaining. Thus, the trade union works as the
negotiating machinery.
H. Safeguarding organizational health and the interest of the industry:
Organizational health can be diagnosed by methods evolved for grievance redressed and
techniques adopted to reduce the rate of absenteeism and labor turnover and to improve the
employee relations. Trade unions by their effective working may achieve employee satisfaction.
Thus, trade unions help in reducing the rate of absenteeism, labor turnover and developing
systematic grievance settlement procedures leading to harmonious industrial relations. Trade
unions can thus contribute to the improvements in level of production and productivity,
discipline and improve quality of work life.
Why do workers join trade union
Human beings are rational creature. They usually act upon rationally in different spheres of
their lives. Similarly, workers join a union with a rationale approach whether joining a union will
be beneficial or not. This can simply be decided by making a cost-benefit analysis in this regard.
The excess of benefits over costs, i.e., profit or reward, justifies workers’ joining to a trade
union.
Researchers have devoted a great deal of time and effort to study “why do employees choose
to join a union.” They have failed to report a common list of reasons that apply to all organizing
efforts.
Nonetheless, there is a general agreement among the labor experts that certain issues are likely
to lead to an organization drive by workers Major ones among them are the following:
Job Security:
Employees need to have a sense of job security and want to be sure that management will not
make unfair and arbitrary decisions about their employment. They look unions to ensure that
their jobs are duly protected against lay offs, recall, promotion, etc.
Wages and Benefits:
Employees work for livelihood, i.e., bread-and-butter. Obviously, bread-and-butter issues of
employees are always important issues in their unionization. The employees may think that the
union, with its united strength, will ensure fair wages at par with those of other workers in the
community, benefits such as medical facility, pensions, paid sick leave, vacations and holidays
for them.
Working Conditions:
Employees like to work in a healthy and safe environment. Although there are statutory
provisions for providing employees a safe work environment employees still feel more secured
knowing that trade union is directly involved in safety and health issues relating to them.
Fair and Just Supervision:
The days are long gone when managers / leaders could rule employees with an iron fist. Thanks
to the trade unions that brought about a change or shift in leadership styles from autocratic to
democratic, or say, people oriented to ensure that the managers treat their employees fairly,
justly, and respectfully. Employees can only be disciplined for “just cause.” In case of
mistreatment from the employer, the employee may file a written grievance against the
employer.
The complaint will be heard and resolved through a formal grievance procedure involving
collective discussion by both union and management representatives.
Powerlessness:
Employees individually often feel voiceless or powerless to bring about changes that will benefit
them’. But, it is union that provides them a powerful, collective voice to communicate to
management their dissatisfaction and frustration. This is based on labor philosophy ‘unity is the
strength”.
Need to Belong:
Man is a social animal. Hence, need to belong is strong in both his personal and work lives. The
union, from this point of view, provides a mechanism for bringing people together not only to
promote common job-related interests but also to organize programes, functions, and social
events from time to time, to create a strong bond among the union members’.
Theories/Approaches of trade union
The five types of theories of trade union are as follows:
1. Revolutionary Theory
2. Evolutionary Theory
3. Theory of Industrial Jurisprudence
4. Rebellion Theory
5. The Gandhian Approach.
A cross-country examination of trade unions reveals different ideologies influencing the evolu-
tion and development of trade unions depending on social, economic and political conditions
prevalent therein. That is precisely the reason the objectives of trade unions and their place
have been emphasized differently by different thinkers.
The various approaches/theories of trade unions can be classified into the following five
types:
1. Revolutionary Theory:
The revolutionary approach/theory of trade union is developed by Karl Marx “This theory is also
known as “the theory of class war and dialectical materialism”. According to Marx, trade union
was the foremost organizing centre to provide locus for streamlining the forces of working
classes The trade unions are, for Marx, the instruments to overthrow capitalism.
These are, thus, prime instruments of the class struggle between proletarian workers and
capitalist businessmen. Marx advocated that the working class must not divert itself from its
revolutionary programme because it is labor struggle only that can abolish capitalism. To Marx,
workers’ emancipation involves abolition of capitalism
2. Evolutionary Theory:
This theory also known as “theory of industrial democracy” was enunciated by Sydney and
Beatrice Webbs. To Webbs, trade unionism is an extension of the principle of democracy in the
industrial sphere. In other words, trade unionism is not an instrument to overthrow the
capitalism, but a means of equalizing the bargaining power of labour and capital.
Trade unionism provides a means by which workers overcome managerial dictatorship, on the
one hand, and express their voice in the determination of the conditions under which they have
to work, on the other.
3. Theory of Industrial Jurisprudence:
According to S. H. Slitcher the propounded of the “Theory of Industrial Jurisprudence”, workers
individually fail in bargaining with employers for protecting their interests. In his view, trade
unionism served as a means for workers to protect them in work. Such an approach of trade
unionism, Slitcher termed as “a systemof industrial jurisprudence”.
4. Rebellion Theory:
To Frank Tannenbaum, the profounder of “Rebellion Theory”, trade unionism is a spontaneous
outcome in the growth of mechanization. He believes that the use of machines leads to
exploitation of workers. Thus, machine is the cause and labor movement, i.e., trade unionism is
the result. In other words, trade unionism is a rebellion approach against mechanization
automization of industrial society to protect workers’ interest in the enterprise.
5. The Gandhian Approach:
The Gandhian approach of trade unionism is based on “class collaboration rather than class
conflict and struggle”. The idea to take worker’s due share from capitalist by reform and self-
consciousness among workers led to the emergence of trade unionism. Thus the Gandhian
approach of trade unionism is not only related to material aspect but also moral and
intellectual aspects.
Gandhi emphasized that the direct aim of a trade unionism is not, in the last degree political.
Instead, its direct aim is internal reform and also evolution of internal strength. Also, trade
unionism, according to the Gandhian approach, is not anti-capitalistic as is generally viewed.
Weakness/Limitations of trade union
Labour movements played an important role during India's struggle for independence.
However, these trade union movements had some limitations, which may be described as
follows:
(i) Limited membership
Trade Unions were established in limited areas. They were concentrated only in industrial
areas, that too in the urban areas and in the organised sectors. They were unknown in rural and
undeveloped areas. Only three per cent of industrial workers were associated with the labour
organisations.
(ii) Small size of labour unions
Large organisations were required to put pressure on the British government, because the
latter had the potential to suppress even larger organisations. But, unfortunately, most of the
trade unions in India were small which made them unable to put any significant pressure on the
government. Further, these i organisations had restricted area of operation.
(iii) Small funds
The absence of big funds was the , greatest weakness of the trade unions during this period. ,
Members of the unions were poor. The poverty made them' unable to contribute significantly
to the funds of their
organisations.
(iv) Escapist attitude of the workers
The British rule had ruined almost all rural industries, which forced the villagers to migrate to
urban centres to make a livelihood. In urban centres, they did not stick to a particular job or
establishment. They would leave the job or place very
frequently in favour of a job or place which promised them better wage prospects. Such a
tendency of the labour weakened the trade union movement.
(v) Low wages
During freedom struggle, there were only a few industries in the country. The employers of
these few industries paid very low wages to the workers making their economic condition
miserable. The workers were unable to pay even the small membership fee for the trade
unions. Hence, they never joined any trade union.
(vi) Job through the contractors
During the freedom struggle, the workers would get job through contractors. It was so because
the migrated workers were not able to find work on their own. The job contractors used to be
the supporters of the factory owners. Hence, the workers employed through the contractors
were not able to participate in the labour movement.
(vii) Illiteracy
Majority of the workers were illiterate. They were not aware of their rights. They did ~ot even
know how much they should be paid for the wq,rk they did. The labour movement could hardly
be expected'io pick
Reasons for Political involvement
The Trade Union Act 1913 - a piece of pre-Independence legislation still on the Irish Statute
book - imposes a significant restriction on the application of trade union funds for certain
political objects. The objects to which the Act applies are the expenditure of money
(i) On the payment of any expenses incurred either directly or indirectly by a candidate or
prospective candidate for election to the Oireachtas [the Irish Parliament] or to
any public office, before, during, or after the election in connection with his or her
candidate or election.
(ii) On the holding or any meeting or the distribution of any literature or documents in support
of any such candidate or prospective candidate
(iii) in the maintenance of any person who is a member of the Oireachtas or who holds a
public office.
(iv) in connection with the registration of electors or the selection of a candidate for the
Oireachtas or any public office.
(v) on the holding of political meetings or any kind, or on the distribution of political literature
or political documents of any kind, unless the main purpose of the meetings or of the
distribution of the literature or documents is the furtherance of the statutory objects within the
meaning of the Act. The statutory objects referred to include, in modern parlance, the
regulation of the relations between employees and employers.
Measures suggested making trade unions more
effective
Over the years, trade unions in India have been taken for a ride by outside, political leaders. In
the process, the interests of workers and their aspirations have been totally neglected. The
Trade Unions Act, 1926, did not go for recognizing a representative union. As a result multiple
unions have cropped up, often with blessings from management and outsiders. The union
finances have not been very sound in the beginning. The average membership figures for each
union remain poor and have not improved. The forces of liberalization unleashed in early 90s
have strengthened the hands of employers in closing down unviable units. The new corporate
‘mantras’ productivity, performance, efficiency, survival of the fittest have virtually pushed
them to the wall-where their very survival looks uncertain. Let’s recount the factors responsible
for their ever-increasing woes and depreciated status thus as below:
1. Trade Union leadership: The nature of leadership significantly influences the union-
management relations as the leadership is the lynch-pin of the management of trade unions.
The leadership of most of the trade unions in India has been outside leadership mainly drawn
from political parties.
Reasons for emergence of outside leadership: Outside leadership has been playing a pivotal
role in Indian Trade Union Movement due to the inability of insiders to lead their movement. In
view of low education standards and poor command over English language which is still the
principal language of labor legislation and negotiations, low level of knowledge about labor
legislation, unsound financial position, fear of victimization by the employer and lack of
leadership qualities-outside leaders have come to stay. The main reason for this trend is that
the Trade Unions Act, 1926,[India] itself provided the scope for outside leadership.
The evil effects of outside leadership: The evil effects of outside leadership analyzed by
National Commission on Labour are as follows:
1. Outside leadership undermined the purposes of Trade Unions and weakened their
authority. Personal benefits and prejudices sometimes weighed more than unions.
2. Outside leadership has been responsible for the slow growth of Trade Unions.
3. Internal leadership has not been developed fully.
4. Most of the leaders cannot understand the worker’ problems as they do not live the life
of a worker.
Even though outside leadership is permissible in the initial stages it is undesirable in the long
run because of many evils associated with it. Political differences of leaders have been
inhibiting the formation of one union in one industry. Most of the Trade Union leaders fulfill
their personal aspirations with their knowledge and experience gained in the Trade Unions.
Measures to minimise the evil effects of outside leadership: In view of the limitations of outside
leadership, it is desirable to replace the outside leaders progressively by the internal leaders.
The National Commission on Labour, 1969, also stated that outsiders in the Trade Unions
should be made redundant by forces from within rather than by legal means. Both the
management and trade unions should take steps in this direction. The steps may be:
 Management should assure that the victimisation will be at zero level, even if the
 trade unions are led by insiders;
 Extensive training facilities in the areas of leadership skills, management
 techniques and programmes should be provided to the workers;
 Special leave should be sanctioned to the office bearers.
Union rivalry has been the result of the following factors:
1. The desire of political parties to have their basis among the industrial workers;
2. Person-cum-factional politics of the local union leader;
3. Domination of unions by outside leaders;
4. Attitude and policies of the management, i.e., divide and rule policy; and
5. The weak legal framework of trade unions.
Measures to minimise union rivalry: In view of the evil effects of inter-union rivalry and the
problem of formation of one union in one industry, it may be necessary to consider the
recommendations of National Commission on Labour, 1969. The recommendations of NCL to
minimise union rivalry are:
1. Elimination of party politics and outsiders through building up of internal leaders;
2. Promotion of collective bargaining through recognition of sole bargaining agents;
3. Improving the system of union recognition;
4. Encouraging union security; and
5. Empowering labour courts to settle inter-union disputes if they are not settled within the
organisation.
2. Multiple unions: Multiple unionism both at the plant and industry levels pose a serious threat
to industrial peace and harmony in India. The situation of multiple unions is said to prevail
when two or more unions in the same plant or industry try to assert rival claims over each other
and function with overlapping jurisdiction. The multiple unions exist due to the existence of
craft unions, formations of two or more unions in the industry. Multiple unionism is not a
phenomenon unique to India. It exists even in advance countries like UK and USA. Multiple
unionism affects the industrial relations systemboth positively and negatively. It is sometimes
desirable for the healthy and democratic health of labour movement. It encourages a healthy
competition and acts as a check to the adoption of undemocratic practice, authoritative
structure and autocratic leadership. However, the negative impacts of multiple unions
dominate the positive impacts. The nature of competition tends to convert itself into a sense of
unfair competition resulting in inter-union rivalry. The rivalry destroys the feeling of mutual
trust and cooperation among leadership. It is a major cause for weakening the Trade Union
Movement in India. Multiple unionism also results in small size of the unions, poor finances,
etc.
3. Union Rivalry: The formal basis for Trade Union Organisation is provided by the Indian Trade
Union Act, 1926. The relevant article reads as follows: “Any seven or more members of a trade
union may be subscribing their name to the roles of the trade union and by otherwise
complying with the provisions of this act with respect to the registration, apply for registration
of the trade union under this Act.”
This provision has led to the formation of multiple unions and resulted in interunion rivalry in
different industries. But the inter-union rivalry breaks the very purpose of the trade unions by
weakening the strength of collective bargaining. On the other hand, the existence of a single,
strong union not only protects the employee interests more effectively but also halts the
various unproductive activities of the unions and forces the leaders to concentrate on the
strategic issues. Further, it helps to bring about congenial industrial relations by bringing about
a system of orderliness in dealing with the employees and by facilitating expeditious settlement
of disputes.
The state of rivalry between two groups of the same union is said to be inter union rivalry. Inter
and intra-union rivalries have been a potent cause of industrial disputes in the country. They
are responsible for weal bargaining power of trade unions in collective bargaining. These
rivalries are responsible for slow growth of trade union movement in the country.
4. Finance: Sound financial position is an essential ingredient for the effective functioning of
trade unions, because in the process of rendering services or fulfilling their goals, trade unions
have to perform a variety of functions and organise programmes which require enormous
financial commitments. Hence, it is imperative on the part of a trade union to strengthen its
financial position.
But it is felt that the income and expenditure of trade unions in India over the years is such,
with few exceptions, that the financial position of the union is generally weak, affecting their
functioning. It is opined that, “trade unions could be more effective, if they paid more attention
to strengthening their organisations and achieving higher attention of financial solvency.”
The primary source of income to the unions is membership subscription. Their other sources of
union finances are donations, sale of periodicals, etc. The items of expenditure include:
allowances to office bearers, salaries to office, annual convention/meeting expenses, rents,
stationery, printing, postage, telegrams, etc.
Most of the trade unions in India suffer from inadequate funds. This unsound financial position
is mostly due to low membership and low rate of membership fee. Trade Union Act, 1926,
prescribed the membership fee at 25 paise per member per month. But the National
Commission on Labour recommended the increase of rate of membership subscription from 25
paise to Re. 1 in the year 1990. But the Government did not accept this recommendation.
As the National Commission on Labour observes, “ an important factor limiting the effective
functioning of unions in our country has been their financial weakness.. In most unions, poor
finances are the result of inadequate membership strength. This in turn, can be traced to the
small size of units. In a majority of unions, the rate of contributions required of members is also
small. With a relatively low rte of unionisation, total funds collected are small. The general
picture of finances of unions is disappointing.”
5. Low membership: The average membership figures of each union are quite depressing. In
1992-93 the average membership figure was 632, a steady fall from 3,594 per union from 1927-
28. “Because of their small size, unions suffer from lack of adequate funds and find it difficult to
engage the services of experts to aid and advise members in times of need’. They can’t bargain
with the employer effectively on their own.
6. Heterogeneous nature of labour: Since workers come to the factory with varying
backgrounds, it is difficult for them to put a joint front in case of trouble. Employers exploit the
situation, under the circumstances, by dividing workers on the basis of race, religion, language,
caste, etc.
7. Lack of Interest: For a large majority of workers, unionism even today remains a foreign
issue. In fact, workers avoid union activities out of sheer disinterestedness. Those who become
part of the union, do not also participate in the union work enthusiastically. In such a scenario,
it is not surprising to find outside political leaders exploiting the situation serve their own
personal agenda.
8. Absence of paid office bearers: Weak finances do not permit unions to engage the services of
full time, paid office bearers. Union activists, who work on a part time basis, neither have the
time nor the energy to take up union activities sincerely and diligently.
9. Other problems: The other factors responsible for the unsound functioning of trade unions in
India are:
1. Illiteracy:Workers in India fail to understand the implications of modern trade unionism.
Their illiteracy coupled with ignorance and indifference account for the predominance
of outside leadership.
2. Uneven growth: Trade unionism activities are, more or less, confined to major metros in
India and traceable only in large scale units (especially cotton textile. The membership
fees should be raised as the amount of wages of the workers increased significantly,
compared to the situation in 1926 when Trade Union Act provided for the collection of
25 paise per month per member as subscription fee. Even amended Rs.l/- is not
sufficient. Some other source of finance may also explored to make trade union
financially healthy.
Bibliography
01. Lecture sheet
02. Book
03. www.ilo.org

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An Assignment on Trade union.

  • 1. Bangladesh University of Business & Technology An Assignment on Trade union Human Resource Practices in Bangladesh Course code: HRM407
  • 2. Date of Submission: 02-01-2016 Submitted to: Ms. Nargis Begum Lecturer Department of Management (BUBT)
  • 3. Submitted by: Group name: Aristotle Sl. Name Id Remarks 01. Md. Ekramul Haque 12131101313 02. Sawon Mahamud 12131101414 03. Prianka Rani Barua 12131101286 04. Tousifa Dilshad 12131101373 Executive Summary Despite some progress in advancing the agenda on aid effectiveness for development results, trade unions contend that much more needs to be done if the Paris Declaration/Accra agenda for action processes are to move significantly forward in terms of real development effectiveness. Given the shortcomings of the neo-liberal paradigm that has dominated development policy- making and caused persistent poverty and a huge decent work deficit, trade unions call for a more comprehensive development paradigm that shifts from aid to development effectiveness. Development effectiveness is defined by trade unions as the generation of positive social outcomes in terms of decent work, social protection, social dialogue, respect for human and trade union rights, gender equality, environmental sustainability, and the enjoyment of decent livelihoods and well being by all. To achieve development effectiveness, trade unions call for the adoption by the Fourth High Level Forum of a Busan Declaration on Development Effectiveness which should address three major goals: I) Achieving development effectiveness, II) Realizing the commitments made on aid effectiveness, and III) Supporting trade union and CSO’s as development actors in their own right.
  • 4. Table of content Sl Content name 01. Introduction 02. What is trade union 03. Objectives of trade union 04. Why do workers join trade union 05. Theories/Approaches of trade union 06. Weakness/Limitations of trade union 07. Reasons for Political involvement 08. Measures suggested making trade unions more effective 09. Conclusion 10. Bibliography
  • 5. Introduction The project "Trade union" was designed to address the gap in representation of workers and trade unions in international environmental processes at UNEP, MEAs, and other UN constituencies. The project targeted workers and trade unions due to their ability to facilitate debate around the social aspects of sustainable development while at the same time contributing to the debate on economic and environmental dimensions. The project focused broadly on capacity building, adaptation of selected case studies and awareness-raising. The project aimed to contribute towards improving environmental and sustainable development policies by leveraging the views, practical experiences and commitment of workers and trade unions. The goal was to provide grounds for multi-stakeholder dialogue and lay the foundations for a conceptual framework on the inter-linkages between labor and environment. The project also aimed at contributing to improve the gender imbalance in representation at decision making levels of the trade unions, and further, though a long term goal, to assist in poverty reduction through a rights-based approach to ecosystem services. The specific objectives of the project were to:  increase participation of workers and trade unions in international environmental processes;
  • 6.  increase workers and trade unions´ capacities to replicate/adapt case studies on environmental issues in their workplaces and communities, and;  increased-awareness of the environmental issues among workers and trade unions and how they can potentially affect their workplaces and work life. The project was implemented in four regions: Africa, Asia Pacific, Eastern Europe and Latin America and the Caribbean. What is trade union Also known as a labor union, labor organization, collective bargaining unit or, simply, a union. At common law, a trade union was much like a general partnership, the trade union having no legal person distinct from the members. Membership was voluntary and the members were the union. In contemporary labor law, trade unions have separate legal personality from their members. A union may own property, sue and be sued - just like a corporation. The Trade Union and Labor Relations Act 1974 (UK): "Trade union means an organization (whether permanent or temporary) which ... consists wholly or mainly of workers of one or more descriptions and is an organization whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers' associations.... The Canada Labor Code, at 3(1): "Trade union means any organization of employees, or any branch or local thereof, the purposes of which include the regulation of relations between employers and employees."
  • 7. Objectives of trade union The objectives of trade union are as follows: A. Wages and Salaries: The subject which drew the major attention of the trade unions is wages and salaries. Of course, this item may be related to policy matters. However, differences may arise in the process of their implementation. In the case of unorganized sector the trade union plays a crucial role in bargaining the pay scales. B. Working Conditions: Trade unions with a view to safeguard the health of workers demands the management to provide all the basic facilities such as, lighting and ventilation, sanitation, rest rooms, safety equipment while discharging hazardous duties, drinking, refreshment, minimum working hours, leave and rest, holidays with pay, job satisfaction, social security benefits and other welfare measures. C. Discipline: Trade unions not only conduct negotiations in respect of the items with which their working
  • 8. conditions may be improved but also protect the workers from the clutches of management whenever workers become the victims of management’s unilateral acts and disciplinary policies. This victimization may take the form of penal transfers, suspensions, dismissals, etc. In such a situation the separated worker who is left in a helpless condition may approach the trade union. Ultimately the problem may be brought to the notice of management by the trade union and it explains about the injustice met out to an individual worker and fights the management for justice. Thus, the victimized worker may be protected by the trade union. D. Personnel Policies: Trade unions may fight against improper implementation of personnel policies in respect of recruitment, selection, promotions, transfers, training, etc. E. Welfare: As stated earlier, trade unions are meant for the welfare of workers. Trade union works as a guide, consulting authority and cooperates in overcoming the personnel problems of workers. It may bring to the notice of management, through collective bargaining meetings, the difficulties of workers in respect of sanitation, hospitals, quarters, schools and colleges for their children’s cultural and social problems. F. Employee-employer relation: Harmonious relations between the employees and employer is a sine quo non for industrial peace. A trade union always strives for achieving this objective. However, the bureaucratic attitude and unilateral thinking of management may lead to conflicts in the organization which ultimately disrupt the relations between the workers and management. Trade union, being the representative of all the workers, may carry out continuous negotiations with the management with a view to promote industrial peace. G. Negotiating machinery: Negotiations include the proposals made by one party and the counter proposals of the other party. This process continues until the parties reach an agreement. Thus, negotiations are based on ‘give and take’ principle. Trade union being a party for negotiations, protects the interests of workers through collective bargaining. Thus, the trade union works as the negotiating machinery. H. Safeguarding organizational health and the interest of the industry: Organizational health can be diagnosed by methods evolved for grievance redressed and techniques adopted to reduce the rate of absenteeism and labor turnover and to improve the employee relations. Trade unions by their effective working may achieve employee satisfaction. Thus, trade unions help in reducing the rate of absenteeism, labor turnover and developing systematic grievance settlement procedures leading to harmonious industrial relations. Trade
  • 9. unions can thus contribute to the improvements in level of production and productivity, discipline and improve quality of work life. Why do workers join trade union Human beings are rational creature. They usually act upon rationally in different spheres of their lives. Similarly, workers join a union with a rationale approach whether joining a union will be beneficial or not. This can simply be decided by making a cost-benefit analysis in this regard. The excess of benefits over costs, i.e., profit or reward, justifies workers’ joining to a trade union. Researchers have devoted a great deal of time and effort to study “why do employees choose to join a union.” They have failed to report a common list of reasons that apply to all organizing efforts. Nonetheless, there is a general agreement among the labor experts that certain issues are likely to lead to an organization drive by workers Major ones among them are the following: Job Security: Employees need to have a sense of job security and want to be sure that management will not make unfair and arbitrary decisions about their employment. They look unions to ensure that their jobs are duly protected against lay offs, recall, promotion, etc. Wages and Benefits: Employees work for livelihood, i.e., bread-and-butter. Obviously, bread-and-butter issues of employees are always important issues in their unionization. The employees may think that the union, with its united strength, will ensure fair wages at par with those of other workers in the
  • 10. community, benefits such as medical facility, pensions, paid sick leave, vacations and holidays for them. Working Conditions: Employees like to work in a healthy and safe environment. Although there are statutory provisions for providing employees a safe work environment employees still feel more secured knowing that trade union is directly involved in safety and health issues relating to them. Fair and Just Supervision: The days are long gone when managers / leaders could rule employees with an iron fist. Thanks to the trade unions that brought about a change or shift in leadership styles from autocratic to democratic, or say, people oriented to ensure that the managers treat their employees fairly, justly, and respectfully. Employees can only be disciplined for “just cause.” In case of mistreatment from the employer, the employee may file a written grievance against the employer. The complaint will be heard and resolved through a formal grievance procedure involving collective discussion by both union and management representatives. Powerlessness: Employees individually often feel voiceless or powerless to bring about changes that will benefit them’. But, it is union that provides them a powerful, collective voice to communicate to management their dissatisfaction and frustration. This is based on labor philosophy ‘unity is the strength”. Need to Belong: Man is a social animal. Hence, need to belong is strong in both his personal and work lives. The union, from this point of view, provides a mechanism for bringing people together not only to promote common job-related interests but also to organize programes, functions, and social events from time to time, to create a strong bond among the union members’.
  • 11. Theories/Approaches of trade union The five types of theories of trade union are as follows: 1. Revolutionary Theory 2. Evolutionary Theory 3. Theory of Industrial Jurisprudence 4. Rebellion Theory 5. The Gandhian Approach. A cross-country examination of trade unions reveals different ideologies influencing the evolu- tion and development of trade unions depending on social, economic and political conditions prevalent therein. That is precisely the reason the objectives of trade unions and their place have been emphasized differently by different thinkers. The various approaches/theories of trade unions can be classified into the following five types: 1. Revolutionary Theory:
  • 12. The revolutionary approach/theory of trade union is developed by Karl Marx “This theory is also known as “the theory of class war and dialectical materialism”. According to Marx, trade union was the foremost organizing centre to provide locus for streamlining the forces of working classes The trade unions are, for Marx, the instruments to overthrow capitalism. These are, thus, prime instruments of the class struggle between proletarian workers and capitalist businessmen. Marx advocated that the working class must not divert itself from its revolutionary programme because it is labor struggle only that can abolish capitalism. To Marx, workers’ emancipation involves abolition of capitalism 2. Evolutionary Theory: This theory also known as “theory of industrial democracy” was enunciated by Sydney and Beatrice Webbs. To Webbs, trade unionism is an extension of the principle of democracy in the industrial sphere. In other words, trade unionism is not an instrument to overthrow the capitalism, but a means of equalizing the bargaining power of labour and capital. Trade unionism provides a means by which workers overcome managerial dictatorship, on the one hand, and express their voice in the determination of the conditions under which they have to work, on the other. 3. Theory of Industrial Jurisprudence: According to S. H. Slitcher the propounded of the “Theory of Industrial Jurisprudence”, workers individually fail in bargaining with employers for protecting their interests. In his view, trade unionism served as a means for workers to protect them in work. Such an approach of trade unionism, Slitcher termed as “a systemof industrial jurisprudence”. 4. Rebellion Theory: To Frank Tannenbaum, the profounder of “Rebellion Theory”, trade unionism is a spontaneous outcome in the growth of mechanization. He believes that the use of machines leads to exploitation of workers. Thus, machine is the cause and labor movement, i.e., trade unionism is the result. In other words, trade unionism is a rebellion approach against mechanization automization of industrial society to protect workers’ interest in the enterprise. 5. The Gandhian Approach: The Gandhian approach of trade unionism is based on “class collaboration rather than class conflict and struggle”. The idea to take worker’s due share from capitalist by reform and self- consciousness among workers led to the emergence of trade unionism. Thus the Gandhian approach of trade unionism is not only related to material aspect but also moral and intellectual aspects.
  • 13. Gandhi emphasized that the direct aim of a trade unionism is not, in the last degree political. Instead, its direct aim is internal reform and also evolution of internal strength. Also, trade unionism, according to the Gandhian approach, is not anti-capitalistic as is generally viewed. Weakness/Limitations of trade union Labour movements played an important role during India's struggle for independence. However, these trade union movements had some limitations, which may be described as follows: (i) Limited membership Trade Unions were established in limited areas. They were concentrated only in industrial areas, that too in the urban areas and in the organised sectors. They were unknown in rural and undeveloped areas. Only three per cent of industrial workers were associated with the labour organisations. (ii) Small size of labour unions Large organisations were required to put pressure on the British government, because the latter had the potential to suppress even larger organisations. But, unfortunately, most of the trade unions in India were small which made them unable to put any significant pressure on the government. Further, these i organisations had restricted area of operation. (iii) Small funds The absence of big funds was the , greatest weakness of the trade unions during this period. , Members of the unions were poor. The poverty made them' unable to contribute significantly to the funds of their
  • 14. organisations. (iv) Escapist attitude of the workers The British rule had ruined almost all rural industries, which forced the villagers to migrate to urban centres to make a livelihood. In urban centres, they did not stick to a particular job or establishment. They would leave the job or place very frequently in favour of a job or place which promised them better wage prospects. Such a tendency of the labour weakened the trade union movement. (v) Low wages During freedom struggle, there were only a few industries in the country. The employers of these few industries paid very low wages to the workers making their economic condition miserable. The workers were unable to pay even the small membership fee for the trade unions. Hence, they never joined any trade union. (vi) Job through the contractors During the freedom struggle, the workers would get job through contractors. It was so because the migrated workers were not able to find work on their own. The job contractors used to be the supporters of the factory owners. Hence, the workers employed through the contractors were not able to participate in the labour movement. (vii) Illiteracy Majority of the workers were illiterate. They were not aware of their rights. They did ~ot even know how much they should be paid for the wq,rk they did. The labour movement could hardly be expected'io pick
  • 15. Reasons for Political involvement The Trade Union Act 1913 - a piece of pre-Independence legislation still on the Irish Statute book - imposes a significant restriction on the application of trade union funds for certain political objects. The objects to which the Act applies are the expenditure of money (i) On the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to the Oireachtas [the Irish Parliament] or to any public office, before, during, or after the election in connection with his or her candidate or election. (ii) On the holding or any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate (iii) in the maintenance of any person who is a member of the Oireachtas or who holds a public office. (iv) in connection with the registration of electors or the selection of a candidate for the Oireachtas or any public office. (v) on the holding of political meetings or any kind, or on the distribution of political literature or political documents of any kind, unless the main purpose of the meetings or of the distribution of the literature or documents is the furtherance of the statutory objects within the
  • 16. meaning of the Act. The statutory objects referred to include, in modern parlance, the regulation of the relations between employees and employers. Measures suggested making trade unions more effective Over the years, trade unions in India have been taken for a ride by outside, political leaders. In the process, the interests of workers and their aspirations have been totally neglected. The Trade Unions Act, 1926, did not go for recognizing a representative union. As a result multiple unions have cropped up, often with blessings from management and outsiders. The union finances have not been very sound in the beginning. The average membership figures for each union remain poor and have not improved. The forces of liberalization unleashed in early 90s have strengthened the hands of employers in closing down unviable units. The new corporate ‘mantras’ productivity, performance, efficiency, survival of the fittest have virtually pushed them to the wall-where their very survival looks uncertain. Let’s recount the factors responsible for their ever-increasing woes and depreciated status thus as below: 1. Trade Union leadership: The nature of leadership significantly influences the union- management relations as the leadership is the lynch-pin of the management of trade unions. The leadership of most of the trade unions in India has been outside leadership mainly drawn from political parties. Reasons for emergence of outside leadership: Outside leadership has been playing a pivotal role in Indian Trade Union Movement due to the inability of insiders to lead their movement. In view of low education standards and poor command over English language which is still the
  • 17. principal language of labor legislation and negotiations, low level of knowledge about labor legislation, unsound financial position, fear of victimization by the employer and lack of leadership qualities-outside leaders have come to stay. The main reason for this trend is that the Trade Unions Act, 1926,[India] itself provided the scope for outside leadership. The evil effects of outside leadership: The evil effects of outside leadership analyzed by National Commission on Labour are as follows: 1. Outside leadership undermined the purposes of Trade Unions and weakened their authority. Personal benefits and prejudices sometimes weighed more than unions. 2. Outside leadership has been responsible for the slow growth of Trade Unions. 3. Internal leadership has not been developed fully. 4. Most of the leaders cannot understand the worker’ problems as they do not live the life of a worker. Even though outside leadership is permissible in the initial stages it is undesirable in the long run because of many evils associated with it. Political differences of leaders have been inhibiting the formation of one union in one industry. Most of the Trade Union leaders fulfill their personal aspirations with their knowledge and experience gained in the Trade Unions. Measures to minimise the evil effects of outside leadership: In view of the limitations of outside leadership, it is desirable to replace the outside leaders progressively by the internal leaders. The National Commission on Labour, 1969, also stated that outsiders in the Trade Unions should be made redundant by forces from within rather than by legal means. Both the management and trade unions should take steps in this direction. The steps may be:  Management should assure that the victimisation will be at zero level, even if the  trade unions are led by insiders;  Extensive training facilities in the areas of leadership skills, management  techniques and programmes should be provided to the workers;  Special leave should be sanctioned to the office bearers. Union rivalry has been the result of the following factors: 1. The desire of political parties to have their basis among the industrial workers; 2. Person-cum-factional politics of the local union leader; 3. Domination of unions by outside leaders; 4. Attitude and policies of the management, i.e., divide and rule policy; and 5. The weak legal framework of trade unions. Measures to minimise union rivalry: In view of the evil effects of inter-union rivalry and the problem of formation of one union in one industry, it may be necessary to consider the recommendations of National Commission on Labour, 1969. The recommendations of NCL to minimise union rivalry are:
  • 18. 1. Elimination of party politics and outsiders through building up of internal leaders; 2. Promotion of collective bargaining through recognition of sole bargaining agents; 3. Improving the system of union recognition; 4. Encouraging union security; and 5. Empowering labour courts to settle inter-union disputes if they are not settled within the organisation. 2. Multiple unions: Multiple unionism both at the plant and industry levels pose a serious threat to industrial peace and harmony in India. The situation of multiple unions is said to prevail when two or more unions in the same plant or industry try to assert rival claims over each other and function with overlapping jurisdiction. The multiple unions exist due to the existence of craft unions, formations of two or more unions in the industry. Multiple unionism is not a phenomenon unique to India. It exists even in advance countries like UK and USA. Multiple unionism affects the industrial relations systemboth positively and negatively. It is sometimes desirable for the healthy and democratic health of labour movement. It encourages a healthy competition and acts as a check to the adoption of undemocratic practice, authoritative structure and autocratic leadership. However, the negative impacts of multiple unions dominate the positive impacts. The nature of competition tends to convert itself into a sense of unfair competition resulting in inter-union rivalry. The rivalry destroys the feeling of mutual trust and cooperation among leadership. It is a major cause for weakening the Trade Union Movement in India. Multiple unionism also results in small size of the unions, poor finances, etc. 3. Union Rivalry: The formal basis for Trade Union Organisation is provided by the Indian Trade Union Act, 1926. The relevant article reads as follows: “Any seven or more members of a trade union may be subscribing their name to the roles of the trade union and by otherwise complying with the provisions of this act with respect to the registration, apply for registration of the trade union under this Act.” This provision has led to the formation of multiple unions and resulted in interunion rivalry in different industries. But the inter-union rivalry breaks the very purpose of the trade unions by weakening the strength of collective bargaining. On the other hand, the existence of a single, strong union not only protects the employee interests more effectively but also halts the various unproductive activities of the unions and forces the leaders to concentrate on the strategic issues. Further, it helps to bring about congenial industrial relations by bringing about a system of orderliness in dealing with the employees and by facilitating expeditious settlement of disputes. The state of rivalry between two groups of the same union is said to be inter union rivalry. Inter and intra-union rivalries have been a potent cause of industrial disputes in the country. They are responsible for weal bargaining power of trade unions in collective bargaining. These rivalries are responsible for slow growth of trade union movement in the country.
  • 19. 4. Finance: Sound financial position is an essential ingredient for the effective functioning of trade unions, because in the process of rendering services or fulfilling their goals, trade unions have to perform a variety of functions and organise programmes which require enormous financial commitments. Hence, it is imperative on the part of a trade union to strengthen its financial position. But it is felt that the income and expenditure of trade unions in India over the years is such, with few exceptions, that the financial position of the union is generally weak, affecting their functioning. It is opined that, “trade unions could be more effective, if they paid more attention to strengthening their organisations and achieving higher attention of financial solvency.” The primary source of income to the unions is membership subscription. Their other sources of union finances are donations, sale of periodicals, etc. The items of expenditure include: allowances to office bearers, salaries to office, annual convention/meeting expenses, rents, stationery, printing, postage, telegrams, etc. Most of the trade unions in India suffer from inadequate funds. This unsound financial position is mostly due to low membership and low rate of membership fee. Trade Union Act, 1926, prescribed the membership fee at 25 paise per member per month. But the National Commission on Labour recommended the increase of rate of membership subscription from 25 paise to Re. 1 in the year 1990. But the Government did not accept this recommendation. As the National Commission on Labour observes, “ an important factor limiting the effective functioning of unions in our country has been their financial weakness.. In most unions, poor finances are the result of inadequate membership strength. This in turn, can be traced to the small size of units. In a majority of unions, the rate of contributions required of members is also small. With a relatively low rte of unionisation, total funds collected are small. The general picture of finances of unions is disappointing.” 5. Low membership: The average membership figures of each union are quite depressing. In 1992-93 the average membership figure was 632, a steady fall from 3,594 per union from 1927- 28. “Because of their small size, unions suffer from lack of adequate funds and find it difficult to engage the services of experts to aid and advise members in times of need’. They can’t bargain with the employer effectively on their own. 6. Heterogeneous nature of labour: Since workers come to the factory with varying backgrounds, it is difficult for them to put a joint front in case of trouble. Employers exploit the situation, under the circumstances, by dividing workers on the basis of race, religion, language, caste, etc. 7. Lack of Interest: For a large majority of workers, unionism even today remains a foreign issue. In fact, workers avoid union activities out of sheer disinterestedness. Those who become part of the union, do not also participate in the union work enthusiastically. In such a scenario, it is not surprising to find outside political leaders exploiting the situation serve their own
  • 20. personal agenda. 8. Absence of paid office bearers: Weak finances do not permit unions to engage the services of full time, paid office bearers. Union activists, who work on a part time basis, neither have the time nor the energy to take up union activities sincerely and diligently. 9. Other problems: The other factors responsible for the unsound functioning of trade unions in India are: 1. Illiteracy:Workers in India fail to understand the implications of modern trade unionism. Their illiteracy coupled with ignorance and indifference account for the predominance of outside leadership. 2. Uneven growth: Trade unionism activities are, more or less, confined to major metros in India and traceable only in large scale units (especially cotton textile. The membership fees should be raised as the amount of wages of the workers increased significantly, compared to the situation in 1926 when Trade Union Act provided for the collection of 25 paise per month per member as subscription fee. Even amended Rs.l/- is not sufficient. Some other source of finance may also explored to make trade union financially healthy.
  • 21. Bibliography 01. Lecture sheet 02. Book 03. www.ilo.org