Here is a compilation of essays on ‘Trade Union’ for class 11 and 12. Find paragraphs, long and short essays on ‘Trade Union’ especially written for school and college students.
Essay on Trade Union
Essay Contents:
- Essay on the Introduction to Trade Union
- Essay on the Objectives of Trade Unions
- Essay on the Forms of Trade Union Organisation
- Essay on the Pattern and Structure of Trade Unions in India
- Essay on the Registration of Trade Unions
- Essay on the Recognition of Trade Unions
Essay # 1. Introduction to Trade Union:
The Indian Trade Union Act, 1926, defined a trade union as any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers for imposing a restrictive conditions on the conduct of any trade or business and includes any federation of two or more trade unions.
But the above definition is defective as it includes in trade unions even influential and wealthy association of employers and merchants. Mr. N.M. Joshi, the veteran Indian Labour leader, has rightly observed in this connection that a trade union is essentially an organisation of employees, not of employers nor of copartners, nor of independent workers. Strictly speaking, even those organisations which are for workers but not of workers have no right to be called trade unions.
Hence, a trade union may be defined in any of the following ways:
Prof. G.D.H. Cole defined a trade union as, “an association of workers in one or more occupations: an association carried out mainly for the purpose of protecting and advancing the members economic interests in connection with daily work.”
Shri V. V. Giri defined trade unions as, “Voluntary organisations of workers formed to promote and protect their interests by collective action.”
Robert’s Dictionary of Industrial Relations defined a trade union as, “an association of workers in a particular trade or a craft organised to promote a common interest and to further that interest through negotiation of wages, hours and other conditions of employment.”
Thus, considering the present system of our economy, we, however, agree with the definition given by Sidney and Beatrice Webb, who defined a trade union as “a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their working lives.”
Essay # 2. Objectives of Trade Unions:
Though, the main objects of the trade unionism vary from country to country and from period to period, yet there can be no dispute upon the general objects of the trade unionism that is the protection and promotion of the interests of the working class.
This is the supreme goal. In this context, Mr. Samuel Gompers, the founder President of the American Federation of Labour, said that, “Trade unions….were born of the necessity of workers to protect and defend themselves from encroachment, injustice and wrong… To protect the workers in their inalienable right to higher and better life, to protect them not, only as equals before the law but also in their rights to the product of their labour; to protect their lives, their limbs, their health, their homes, their fire sides, their liberties as men, as workers, as citizens, to overcome and conquer prejudice and antagonism; to secure them the right to life, and the opportunity to maintain that life, the right to be full shares in the abundance which is that result of their brain and brawn, and the civilization of which they are the founders and the main stay.”
According to Selig Perlman, trade unions have a home-grown philosophy based on workers experience and psychology. Trade unions, growing out of the worker’s day-to-day experience, have the only objective of protecting the jobs of the workers and securing day to day improvements in the working and living conditions. Such trade unions are neither concerned with the fundamental reconstruction of the economic system nor with the various political ideologies.
It does not mean that political ideologies are always imposed by outside intellectuals. Again, this does not imply that trade unions are not concerned with political ideologies. It is concerned with political ideologies and objective may also grow out of the day to day activities of trade union without being imposed from outside intellectuals.
For instance, in the U.S.A., the dominant trade unions express their faith in the essentials of free-enterprise system and disclaim any attachment to Socialist ideals. Besides, trade movement in many countries advocates replacement of the capitalist economic system by socialism.
Though, trade unions may be concerned with political ideologies but, their primary objective is not to bring about changes in the economic system as a whole. In fact, fighting for a political ideology is not a legitimate objective function or objective of a trade union. Thus, trade unions may adopt a political ideology for getting their objective achieved.
Hence, it can be concluded that, trade unions in different countries or different trade unions in a country may follow different political ideologies but their ultimate objectives are not different. It means that ultimate objectives of the trade unions are the same in all countries of the world.
These are known as primary objectives on the basis of above analysis; some of the common objectives of trade unions have been given as follows:
1. Protection of workers against exploitation and provision of their security of service, such as, protection against lay off, retrenchment and victimisation, etc.
2. Improvement in standards of living and working conditions.
3. Raising the vocational status of workers.
4. Income security, e.g., pension, provident fund, compensation for work injuries and unemployment.
5. Shorter working hours.
6. Better health, safety and welfare standards.
7. Respect for the personality of the workers- humane treatment from the supervisors and others.
8. Greater participation in administration and management of the establishment.
9. Improving political status.
Essay # 3. Forms of Trade Union Organisation:
Since, there is a variety of basis on which unions are formed; there may be several types of trade unions. From an organisational point of view, trade unions can be classified into four main types: craft unions, Industrial unions, general unions and federations.
However, a study of the variety of structural forms of trade unions in different countries of the world will indicate that, there are many variants of industrial and craft unions. Many of the unions in the U.S.A. are, in fact, multiple craft or extended craft unions. Similarly, many of the so-called industrial unions are organised on quasi-industrial basis.
It should also be noted here that both industrial and craft unions have given rise to bitter jurisdictional disputes because of their divergent bases of organisation. Different unions, anxious to extend their scope of job-control, compete with each other in claiming jurisdiction over particular occupations and jobs.
Let us now discuss the important forms of trade unions:
1. Craft Unions:
Historically, craft unions (also called horizontal unions) were the first to appear. It is the simplest form of organisation, which is formed of with same craft, training and specialisation, no matter in what industry or trade they are employed. Thus, it is an organisation of wage earners engaged in the same craft or in a single occupation, irrespective of the industries in which they are employed.
For instance, fitters, though working in different industries, may form a union of fitters only. Members of a craft union are generally highly skilled. The main object of such a union is to safeguard the interests of workers employed in a single craft or occupation mainly by protecting traditional skill against dilution. The International Wood Carver’s Association and the Indian Pilots Guild are the examples of craft unionism.
2. Industrial Unions:
The membership of an industrial union (also called vertical union) is composed of all workers in an industry. The basis for this-type of organisation is the industry itself. It unites all workers in an industry irrespective of their skills and occupations and the common bond is the industry in which the workers are employed. Thus, the industrial union attempts to organise into one homogeneous organic group, all the workers: skilled, semi-skilled, and unskilled, engaged in a particular industry.
3. General Labour Unions:
A general union is one whose membership may cover workers employed in many industries and crafts. It means that its scope is not limited to one industry or a craft or a single occupation. In this type organisation any wage earner, whatever, the place or character of his work, may become its member. Thus, this type of organisation aims at organising all types of wage earners, no matter in what industry or trade they are employed.
Again, a general union is open to all workers: skilled as well as unskilled: of one industry or a group industries: and thus, it is all embracing. The Jamshedpur Labour Union, whose membership includes workers engaged in different industries and crafts of Jamshedpur, is an example of a general union. Transport and General Workers Union which is one of the strongest trade unions of Great Britain, is another example of a General union.
While a craft union derives its strength from the strategic position of its members in the industry, a general union has a numerical superiority and this is the source of its strength.
4. Federations:
The federations of the trade unions are the combination of various unions. Thus, various unions combine themselves to form a federation to gain strength and solidarity. Such federations may be local, regional or state-wise and national.
Federations and confederations are established because through them a large number of unions can resort to concerted action when need for such an action arises, without losing their individuality.
Establishment of federations has been considered essential by unions; because trade unions have found that many of their problems cannot be tackled either on a craft or industry or employment basis.
The widening of the labour and products markets on account of quicker means of transport and communication has made wages and other conditions of employment in one factor or in one industry or in one place dependent upon terms and conditions prevailing elsewhere.
In most cases, the efforts of a union to secure higher wages and better conditions of employment in factory or an industry are thwarted because of lower wages prevailing elsewhere or because of the influx of workers from other labour markets. Thus, the best way to prevent employers from taking the advantage of competition in the labour market and lowering labour standards is to form a united front i.e. to establish a federation of unions and control the supply of labour.
The establishment federations may help in standardising the terms and conditions of employment over the entire area of labour market, since they organise all workers regardless of skills, occupations and industries, into homogenous groups at local, regional, national and even international level and may succeed in controlling the supply of labour and concerted action. As soon as the terms and conditions of employment are standardised, the employers can be prevented from competitive wage- cutting and lowering conditions of employment.
Besides, growing internationalism, the interdependence of conditions of employment in different countries, international trade and ideological considerations further demand that national trade union centres should maintain international cooperation among them, and, if possible, coordinate their policies and activities.
The factors mentioned above have led to the establishment of large unions and formation of trade union federations at the industry, national and international levels. In Great Britain, the British Trade Union Congress and in the U.S.A., the AFL-CIO (American Federation of Labour and Congress of Industrial Organisations) are national centres of trade unions.
In India, INTUC, AITUC, HMS, UTUC, and the centre of Indian Trade Unions are the leading national centres of trade unions. Besides, the All-India Railwaymen’s Federation, the Indian National Mines Workers Federation are some of the important industrial federations operating in India.
However, the formation and working of these federations raise a number of important issues such as the relationship between the federating units and the federation, local autonomy centralised control, financing and representation.
A study of the working of different federations whether industrial, national or international indicates that generally speaking, the federations are very loose associations and the federating processes the real power and enjoy a large measure of autonomy everywhere.
The federations may provide some guidance and formulate policies at higher levels, but the implementation of such policies is done by the local units. Since, the local units are in close touch with the rank and the file of workers and as they are the main sources of providing finances to the federations, they enjoy more power and influence.
Essay # 4. Pattern and Structure of Trade Unions in India:
The National Commission on Labour pointed out that, in India, the pattern and structure of unions and the basis on which they are organised do not admit any simple generalisation.
The multiplicity of trade unions competing for the same jurisdiction and the splits along political lines are factors which makes it difficult to understand the nature of structure of India Trade Union.
Besides, the existence of a variety of bases such as, the plant, the place of employment, industries, and crafts, etc., makes the task of analysing the structure of the Indian trade union movement doubly complicated. However, an attempt would be made here to arrive at the pattern, if any, underlying the structure of the Indian trade unions.
Foreign Experience:
Union in different countries have developed on different lines, depending on social and economic compulsion of industrialisation, political and historical factors, and the institutional frame-work of the respective societies.
It means social and economic compulsion of industrialisation, political, and historical factors, the institutional framework of the respective societies are factors which determine the pattern and structure of trade union movement in any country.
For instance, in U.K., where union grew out of the guild system, the occupation or trade becomes the basis of workers getting organised for collective action. Australian experience is also similar.
In U.S.A., workers are members of local unions, most of which are affiliated to national unions covering an occupation or an industry.
In the U.S.S.R., trade unions are organised on an industry basis, all persons employed in a factory or establishment belong to one union and at the higher levels, each industry union comprises unions of one branch of the national economy.
French:
Italian and Belgian unions are divided not only on industry/plant basis, but also have strong religious denominations.
Enterprise is the basis of union structure in Japan. About 85 per cent of the unions covering 80 per cent of the total membership in Japan are confined to a single unit establishment or enterprise.
It should also be noted here that, over the years, in no country has the union structure remained static, in its attempt to adjust to national situations; the trade union movement has undergone changes. Government intervention has played a significant role in giving a direction to unions and in the restructuring of unions; its impact again has varied from country to country.
Essay # 5. Registration of Trade Unions:
Any seven or more members of a trade union may apply for its registration to the Registrar of Trade Unions. All the members, applying for the registration must subscribe their names to the rules of the trade union and also comply the provisions of the Act relating with registration.
A trade union can be registered only under the Trade Unions Act 1926.
Registration of trade union under any of the following Acts shall be deemed to be invalid:
(a) The Societies Registration Act 1860,
(b) The Cooperative Societies Act 1912,
(c) The Companies Act 1956.
If more than half of the members, who applied for registration of trade union cease to be the members of the trade union or disassociate themselves from the application, by giving a notice to the Registrar before the registration, is granted, the application shall be deemed to have become invalid. But if the number of members is exactly half or less than half, the application shall not be deemed to be invalid.
Application of Registration:
The application for registration can be made to the Registrar of Trade Unions.
The application must be accompanied by a copy of the rules of the trade union and also a statement of the following particulars namely:
(i) The names, occupations, and addresses of members making the application;
(ii) The name of the trade union and the address of its head office;
(iii) The titles, names, ages, addresses and occupations of the office-bearers of the trade union; and
(iv) A general statement of assets and-liabilities of the trade union in the prescribed form must be submitted along with the application, if the trade union has been in existence for more than one year before making an application for registration.
Rules of Trade Union:
A copy of rules governing the relationship between the trade union and its members must be submitted along with the application and must contain the following:
(i) The name of the trade union;
(ii) The whole of the objects for which the trade union has been established;
(iii) The whole of the purposes for which the general fund of the trade union shall be applicable;
(iv) The maintenance of a list of its members and providing inspection of such list by the office bearers and the members of the trade unions;
(v) The admission of ordinary members who are engaged in any industry with which the trade union is connected, and also the admission of honorary or temporary members as officers to form the executive of the union;
(vi) The manner in which the rules shall be amended varied or rescued;
(vii) The manner in which the office bearers and the members of the executive body shall be appointed and removed;
(viii) The payment of subscription by the members of the trade union, which shall not be less than 25 paise per month per member;
(ix) Conditions under which any member is entitled to any benefit assured by the rules and also fines of forfeiture which may be imposed on the members;
(x) The safe custody of the funds, an annual audit, in the manner prescribed, and adequate facilities for the inspection of accounts by the officers and the members of the trade union; and
(xi) The manner in which the trade union may be dissolved.
The Registrar may call for any further information to satisfy him. He may also ask the trade union to alter its name if it is identical with that of any other registered trade union. He may refuse to register the union unless such further information is supplied or the name is altered.
The Registrar will register the Trade Union, if he is satisfied that all the requirements of the Act have been complied with, in regard to registration. He will record its particulars in a register to be maintained by him and will issue a certificate of registration, which shall be a conclusive evidence of the fact that the trade union has been duly registered under the Act.
Rights and Privileges of a Registered Trade Union:
A registered trade union enjoys certain rights and privileges, namely:
(1) A Body Corporate:
A trade union, when registered under the Act, becomes a body corporate or an artificial legal person. It has separate entity from its member and can sue and be sued in its name. It can hold both movable and immovable property in its name. For all purpose, it enjoys all right of a natural person.
(2) Separate Fund for Political Purposes:
Sec. 16 of the Trade Union Act 1926, employers a registered trade union to constitute and raise a separate fund for political purposes from contributions and collections from its members made separately apart from its regular contributions. Such fund can be utilised for the promotion of civic or political objectives.
(3) Immunity from Criminal Conspiracy:
The Act provides that no office bearer or member of a trade union will be liable to punishment for a criminal conspiracy under Section 120-B (2) of the Indian Penal Code, in respect of an agreement made between the members unless such agreement is an agreement to commit an offence. A criminal conspiracy is an agreement between two or more persons to do an unlawful act or to do a lawful act by unlawful means.
(4) Immunity from Civil Suit:
No suit or legal proceedings in maintainable in a civil court against a registered trade union or its members or office bearers, in respect of any act done in contemplation or furtherance of a trade dispute on any of the following grounds:
(i) That such act induced some other person to break a contract of employment;
(ii) That such act interferes with the trade, business or employment of some other person; and
(iii) That such act interferes with the right of some other person to dispose of his capital or labour as he wills.
(5) Enforceability of Agreement:
Legally, an agreement in restraint of trade is void under section 27 of the Contract Act. But any agreement between the members of a registered trade union shall not be considered void or voidable. In other words; it means that an agreement between the members of a registered trade union, not to accept employment unless certain conditions as to pay, hours of work etc., are fulfilled, will not be void or voidable.
(6) Right to Amalgamate:
A registered trade union has the right to amalgamate to form a larger union or a federation of unions. Such amalgamation may take place with or without any dissolution or division of funds of the amalgamating unions. Before any amalgamation takes place, the votes of at least one half of the members of each such union should be recorded and at least 60 per cent of such recorded votes are in favour of amalgamation.
(7) Right to Inspect Books of Trade Union:
The books of accounts and the list of members of the trade union shall be open to inspection by the office bearer or a member of the registered trade union. Any member of the union may inspect any document which is in possession of the Registrar of a Trade Union received from a registered trade union on a payment 50 paise on any working day. The Registrar may supply a certified copy of any such document to a registered trade union or its member on payment of a prescribed fee.
(8) Right of Minor to be a Member:
Any person who is a minor (below the age of 18) and attained the age of 15 years can become a member of the registered trade union and he can enjoy all the privileges available to a member. But he cannot be an office bearer of such union until he becomes a major.
Duties and Liabilities of a Registered Trade Union:
As soon as a trade union is registered, it has certain obligations to be discharged.
A registered trade union discharges the following obligations:
(1) Maintain General Funds:
A registered trade union has an obligation to spend general funds on all or any of the following purposes, namely:
(i) The payment of salaries, allowances and expenses to office bearers of the trade union;
(ii) The payment of administrative expenses including the expenses for audit of accounts of the general funds of the trade union;
(ii) The expenses in connection with the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, and which is undertaken for the purpose of securing or protecting any right of the trade union;
(iv) Allowances to members or their dependents on account of death, old age, sickness, accidents or unemployment;
(v) The issue of, or undertaking of liability under policies of assurance on the lives of members or under policies insuring members against sickness, accident, or unemployment;
(vi) The provisions of educational, social or religious including the payment of funeral expenses or religious ceremonies for deceased members;
(vii) The conduct of trade dispute on behalf of the trade union or any member thereof;
(viii) The compensation for members of loss arising out of the trade disputes;
(ix) The upkeep of a periodical published mainly for the purpose of discussing questions relating to matters affecting employers or workmen;
(x) The payment of contribution to any cause intended for the benefit of workmen in general;
(xi) Any other object that may be notified by the appropriate Government in the official Gazette.
A registered trade union cannot use the general fund for any purpose other than those mentioned above. The use of funds shall be illegal if it is in support of an illegal strike or lock-out or for any other unlawful purpose.
(2) Maintenance of the Political Fund:
A registered trade union may constitute a separate fund from contributions and collections made separately. Such contributions may be either from its members separately or from any person who is not a member, as donations or any interest on investment of the fund.
Such fund can be utilised for the following purposes for the promotion of civic or political objectives of its members:
(i) The payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate, for election as a member of any legislative body constituted under the constitution or any local authority, before, during or after the election in connection with his candidature or election;
(ii) The maintenance of any person who is a member of any legislative body or local authority;
(iii) The registration of electors or selection of a candidate for any legislative body or any local authority;
(iv) The holding of any meeting or the distribution of any literature or document in support of any such candidate or prospective candidate;
(v) The holding of any kind of political meeting or distribution of political literature or document of any kind.
Essay # 6. Recognition of Trade Unions:
For a country’s economic development it is very essential that conflicts between the employer and employees should be minimised or avoided as far as possible, with the efforts of all the parties concerned i.e., employers, employees and the Government.
As per the Industrial Disputes Act 1947, any Labour union, whether small or big, registered under the Trade Unions Act 1926 can bargain with the employer, carry the dispute to conciliation and could have it adjudicated by a labour court or tribunal. Under the Trade Unions Act, any seven members can form a trade union. This system unnecessarily burdens the litigation and creates more frictions among workers and between workers and employers.
Now the problem is which union is representative union that can take part in negotiating a dispute with the employer. There is no problem if there is only one union in the plant or industry but if there are a number of rival unions, it becomes very difficult to resolve the dispute because of the different political ideologies to which they are affiliated.
In order to know which union is most representative union of workers, various systems of certificate or recognition have been adopted. But in India unfortunately, there is no system of recognition of any union which could exclusively bargain on behalf of all employees.
It is very difficult for the employer to negotiate with all the trade unions having different ideologies. So, recognition of a trade union is required so that it may talk to the employer on behalf of all the employees in a bid to collective bargaining.
Prior to 1946, there was no legislative provision in any State regarding grant of recognition to the Trade Unions. In 1946, The Bombay Industrial Relations Act was passed incorporating the provisions regarding grant of recognition to a representative union in the local area.
This Act also applied to Gujarat State and in Madhya Pradesh and Rajasthan in a modified form. In all other States, recognition is given on the basis of guidelines accepted at the Fifteenth Tripartite Labour Conference at Nainital in 1958 and are incorporated in the Code of Discipline.
We are reproducing these guidelines in the following lines:
Recognition under the Code of Discipline:
The Indian labour conference held in 1958 at Nainital adopted inter-union code of conduct, laying down certain norms for the recognition of a trade union as the representative union.
The principles/guidelines/criteria are:
1. Where there is more than one union, a union claiming recognition should have been functioning 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 if members had paid their subscriptions for at least three months during the period of six months immediately preceding the recognition.
3. Where there are several unions in an industry or establishment, the one with largest membership should be recognised.
4. A representative union for an industry in an area should have the right to represent 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 workers, it should have the right to deal with matters of purely local interest such as, for instance, handling of grievance pertaining to its own members.
5. A union may claim recognition as a representative union in a local area if it has a membership of at least 25% of the workers of that industry in that area.
6. When a union has been recognised, there should be no change in its position for a period of two years.
7. Only unions which observed the code of discipline would be entitled for recognition.
8. In case of a Trade Union Federation, not affiliated to any of the four central organisations of Labour, the question should be dealt with separately.
The recognition of the trade union can be withdrawn by an employer if a union is found guilty of violation of provisions of the code. It is suggested that the union should be investigated and confirmed by an officer of the Central or State Government before taking such an extreme step.