UNION MANAGEMENT POWER STRUGGLE

STRUCTURE OF MANAGEMENT POWER STATE GOVT./ CENTRAL POWER FOR MANAGEMENT MANAGEMENT POWER OVER WORKERS

RULING PARTY

UNIONAFFILIATION TO RULUNG PARTY STRUCTURE OF UNION POWER POLITICAL AFFILIATION POWER FOR WORKERS TRADE UNION CTUO/FEDERATION AFFILIATION

WORKERS POWER OVER MANAGEMENT

UNION MANAGEMENT POWER STRUGGLE MATRIX

POLITICALLY NEUTRAL UNION POWER

POLIICALLY COMMITTED UNION POWER

POLITICALLY NEUTRAL MANAGEMENT POWER

MODEL 1

MODEL 2

POLITICALLY COMMITED MANAGEMENT POWER

MODEL 3

MODEL 4

BASES OF COLLABORATION POWER AND TRUST

PERCEIVED POWER ( WHO HAS THE POWER )

ONLY I
COERCION/ EXPLOITATION

ONLY HE
SUBMISSION COMPLIANCE

NEITHER
INDIFFERENCE

BOTH
COMPETITION

T R U S T

L O W

H I G H

HIGH NURTURANCE

DEPENDENCE

MUTUAL SYMPATHY

CO OPERATION

CO OPERATION AS A FUNCTION OF SHARABLE GOAL, PERCEIVED POWER AND TRUST

PERCEIVED POWER OF BOTH

CO OPERATION

SHARABLE GOAL

TRUST

FUNCTIONS OF CONFLICT

Conflicts provide stability to the group concerned. Conflict situation helps and often forces the groups to bring out the issues of differences in open.

Conflict invites opinion of wider society.

Conflicts bring out all the power at their command. Conflict provides the opportunity to let off the steam

APPROACH TO CONFLICT RESOLUTION

CONFLICT IS INEVITABLE ; AGREEMENT IS IMPOSSIBLE

FIGHT IT OUT

COMFLICT MAY NOT BE INEVITABLE, BUT AGREEMENT IS NOT POSSIBLE

WITHDRAW / INDIFFERENT

CONFLICTS ARISE , AGREEMENT IS POSSIBLE

INTERACT / COLLECTIVE BARGAINING

DOMESTIC ENQUIRY

CHARGE SHEET

RECORDING EVIDENCE ORAL EVIDENCE- MGMT. CROSS EXAMINATION - MGMT ORAL EVIDENCE EMPLOYEE CROSS EXAMINATION EMPLOYEE

FINDINGS OF ENQUIRY OFFICER

PUNISHMENT

PROCESS OF DOMESTIC ENQUIRY INDUSTRIAL DISPUTES ACT

REPORT CONTAINING ALLEGATIONS RECEIVED BY MANAGER / SUPERVISOR

HE INVESTIGATES BY TALKING TO OR QUESTIONING THE EMPLOYEE AGAINST WHOM THE REPORT HAS BEEN RECEIVED AND OTHERS WHO ARE IN A POSITION TO THROW LIGHT ON ALLEGATIONS

(A)

NO PRIMA FACIE CASE FILE REPORT

(B) PRIMA FACIE CASE FRAME CHARGE SHEET

CHARGE SHEET TO BE CLEAR , PRECISE AND UNAMBIGUOUS WILL INFORM EMPLOYEE AS TO WHO ENQUIRY OFFICER IS AND OF THE DATE OF ENQUIRY

IF THERE IS CONCILIATION OR IF ADJUDICATION IS PENDING, APPROVAL OR PERMISSION TO BE SOUGHT FROM APPROPRIATE AUTHORITY

CHARGE NOT ESTABLISHED OR BENEFIT OF DOUBT GIVEN TO EMPLOYEE: NO PUNISHMENT

RECORD EVIDENCE OF EMPLOYER AND EMPLOYEE. ALL EVIDENCE TO BE RELEVANT TO THE CHARGE. ALLOW EMPLOYEE TO CROSS EXAMINE. AVOID USING WRITTEN STATEMENTS. ALLOW EMPLOYEE TO ADDUCE ALL RELEVANT EVIDENCE.

(B) EMPLOYER DECIDES ON PUNISHMENT AND COMMUNICATES IT TO EMPLOYEE

ENQUIRY OFFICER RECORDS HIS EVIDENCE AND SUBMITS THEM TO MANAGEMENT

PROVISIONS OF SECTION 33 - INDUSTRIAL DISPUTES ACT

DISPUTE PENDING IN CONCILIATION OR ADJUDICATION

WORKMEN CONCERNED IN PENDING DISPUTE

MISCONDUCT CONNECTED WITH PENDING DISPUTE (LIKE GHERAO IN FURTHERANCE OF DEMANDS)

MISCONDUCT NOT CONNECTED WITH PENDING DISPUTE (THEFT WHEN THE DISPUTE IS PENDING IS ABOUT BONUS)

PRIOR PERMISSION OF CONCILIATION OFFICE OR TRIBUNAL BEFORE ANY PUNISHMENT IS INFLICTED

FREE TO INFLICT ANY PUNISHMENT OTHER THAN DISMISSAL OR DISCHARGE

DISMISSAL OR DISCHARGE MAY BE EFFECTED AFTER : (a) ONE MONTHS WAGES ARE PAID OR OFFERED TO BE PAID AND NOT ACCEPTED. (b) AN APPLICATION FOR APPROVAL OF THE ACTION TAKEN IS FILED ON THE SAME DAY

MODEL GRIEVANCE PROCEDURE

AGGRIEVED EMPLOYEE REPORTS VERBALLY ABOUT GRIEVANCE TO DESIGNATED OFFICER

REPLY WITHIN 48 HOURS

IF DISSATISFIED

PRESENT GRIEVANCE TO HoD

REPLY WITHIN 3 DAYS

IF DISSATISFIED

REQUEST HoD TO FORWARD CASE TO GRIEVANCE COMMITTEE

RECOMMENDATION WITHIN 7 DAYS TO MANAGER

COMMUNICATE WITHIN 3 DAYS

APPEAL AGAINST DECISION FOR REVISION

MANAGEMENT TO REPLY WITHIN 7 DAYS

UNION AND MANAGEMENT MAY JOINTLY REFER THE CASE TO VOLUNTARY ARBITRATION WITHIN A WEEK

CONCILIATION

INDUSTRIAL DISPUTE