Collective Bargaining Process – 16 Step by Step Process

Collective Bargaining Process – 16 Step by Step Process

Describe the collective bargaining process.

Sec 202- Process of Determination of CBA:

Application:

Trade Union A applies to the Directors of Labour to do act as CBA and Directors of Labour will write to TRADE UNION B about the intention of TRADE UNION A;

Fails to Indicate:

If TRADE UNION – B don’t response within 15 days, it shall be presumed that it shall not be a contestant in such ballot;

No contestant then applying TRADE UNION will be CBA:

In the above case the applicant TRADE UNION – A, shall be declared to be the CBA. Provided it has as its members not less than one-third of the total number of workers employed in the establishment; If Contest then:

List of workers:

Directors of Labour will ask for a list of workers to the employer excluding those whose period of employment in the establishment is less than three months or who are casual or badly workers, and the list shall contain the following particulars; namely:

1. The name of every worker
2. The name and age of his parent (husband/wife where applicable)
3. The name of his section or department
4. Name of the place in which he is employed
5. His ticket number and the date of his employment.

An additional copy of the list of workers:

Every employer shall, on being so required by the Directors of Labour, submit the required number of additional copies of the list of workers;

Send a copy of the list of workers:

On receipt Directors of Labour shall:

• send a copy to each of the contesting trade unions;
• shall also affix a copy thereof in a conspicuous part of his office;
• another copy of the list in a conspicuous part of the establishment concerned;
• a notice inviting objections, if any, to be submitted to Directors of Labour within such time as may be specified by in it.

Objection disposed of:

The objections, if any, received by the Director of Labour within the specified time shall be disposed of by him after necessary enquiry as he deems necessary;

Amendments of the list of workers:

The Directors of Labour shall make such amendments, alterations or modifications in the list of workers after objection disposed of;

Prepare & send amended list:

After amendments, alteration or modification, if any and duly certified and send copies thereof to the employer and such of the contesting trade unions at least seven days prior to the date fixed for the poll;

Final voter list:

The list of workers prepared and certified under the previous section, shall be deemed to be the list of voters, and every worker whose name appears in that list shall be entitled to vote in the poll to determine the collective bargaining agent;

Employer’s duty:

Every employer shall provide all such facilities in his establishment as may be required by the Directors of Labour for the conduct of the poll but shall not interfere with, or in any way influence the voting;

No Canvas:

No person shall canvas for a vote within a radius of forty-five meters of the polling stations;

Duty of Director of Labour :

The Directors of Labour shall:

1. Fix the date for the poll and intimate to all concerned parties;
2. Set up a polling station and sealed ballot boxes;
3. Conduct the poll at the polling stations;
4. After the conclusion of the poll open the ballot boxes and count the votes;
5. After the conclusion of the count, declare the trade union which has received the highest number of votes to be the collective bargaining agent

Provided: To be CBA at least 1/3 votes received of the total number of workers employed in such establishment.

Tenure of CBA:

For a period of two years and no application for the determination of the collective bargaining agent for such establishment shall be entertained within a period of two years;

Cancellation of registration:

Any contesting trade union receives less than 15% of the total votes casts, the registration of that trade union shall stand cancelled;

No Canvas:

No person shall canvas for a vote within a radius of forty-five meters of the polling stations;

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