COLLECTIVE

BARGAINING AGENT
INTRODUCTION
1. Aim of this handout is to give an idea about
the unions and CBA in employees relations
with management in day to day working of an
enterprises. It also covers the role of registrar
in poll, features of selection of CBA and
responsibilities of employer in this regard.
2. Document is a brief for the audience who
want to examine the procedure given in law
regarding the election of CBA. Moreover, how
laws recognizes the CBA as a legal entity is a
question of time. Let us pursue these concepts in
brief.
FEATURES OF C.B.A
 If there is a only ONE registered trade union in an
establishment, or a group of establishment or
industry it will be called CBA. Application is
mandatory to the registrar.

 Secret ballot will be held by registrar within the 15

days of application made, in case of two or more
than two registered trade union in an industry or
establishment. However period of ballot will be of
30 days, in case an establishment has branches
in more than one town.
FEATURES OF C.B.A
 Request of union in a seasonal factory will only be
entertained by registrar at time of maximum attendance
of worker there.

 Employer will provide the list of voters pertaining their

age, DOJ the industry, employees number etc. worker
should have at least three month service in that industry.

 Employer will also provide the facility of verification of

voter list, conduct of poll and will not interfere / influence
in voting process.
FEATURES OF C.B.A
 Registrar will send the list of registered voters to the
unions at least four days prior to date fixed for poll.

 No person shall canvass for votes within a radius of

100 yards of the polling station.

 Registrar will ensure the context of election as per

criteria given in legislation.

 There is a requirement of 1/3 number of votes

among the register voters for a trade union to
become a certified CBA.
FEATURES OF C.B.A
 Otherwise election will be rescheduled
between the unions that are on top two
positions.

 Secret ballot is mandatory to become a

registered CBA.

 Law recognizes the tenure of elected CBA will

be 3 years, unless registration of that union is
cancelled before the expiration of that period.
FEATURES OF C.B.A
 After the application made to registrar for
secret ballot, no employer shall transfer,
remove , dismiss, or terminate any worker
who is an officer bearer on any contestant
trade union.

 CBA will work in the manner and style as

prescribed in law (e.g----------------------------)

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 THANK
YOU
“Forgive the people as such, as you hope from your LORD of
forgiveness (Hazrat Ali)”