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Barrister Tazin Marium

Trade Union & CBA

Definitions:

“Trade Union” means the trade union of workers or employers formed and registered under
Chapter XIII and includes a federation of trade unions (S.2 (15) of BLA).

“Trade Union Federation” means a federation of trade unions registered under Chapter XIII
(S.2 (16) of BLA).

“Collective Bargaining Agent (CBA)” means a trade union or federation of trade unions of an
establishment or group of establishments which is an agent of the workers (CBA) for collective
bargaining in such establishment or group of establishments under Chapter XIII (S.2 (52) of
BLA).

Trade Union of Workers and Employers (S. 176 of BLA):

(a) all workers shall, without distinction whatsoever, have the right to form trade union
primarily for the purpose of regulating the relations between workers and employers,
or between workers and workers and, subject to the constitution of the union
concerned, to join trade union of their own choice;

(b) all employers shall, without distinction whatsoever, have the right to form trade union
primarily for the purpose of regulating the relations between employers and workers,
or between employers and employers and, subject to the constitution of the union
concerned, to join trade union of their own choice;

(c) the trade unions of workers and those of employers shall have the right to form and
join federations and any such union or federation shall have the right to affiliate with
any international organisation or confederation of organizations of workers or
employers; and

(d) the trade unions and the employers’ associations shall have the right to make their own
constitution and rules, to elect their own representatives with full independence, to
organize their administration and activities and to formulate their programmes.

(e) in an establishment where a trade union shall be formed, if 20% (twenty percent) of
the total working force or members are women, the union executive committee shall
have at least 10% (ten percent) women members:
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Provided that the union registered under this Act shall be controlled by this Act.

Disqualification for being an officer or a member of a trade union (S. 180 of BLA):

(1) A person shall be disqualified for election as, or for being, an officer or a member of a
trade union who

(a) has been convicted of a criminal offence involving moral turpitude or of an offence
under section 196 (2) (d) or section 298 and unless a period of 2 (two) years has
elapsed since his release;
(b) is not employed or working in the establishment in which the trade union is formed
Provided that in the case of the nationalized industrial sector, the members of a
union may, if they desire, elect 10% (ten percent) of the total officials of the
executive committee of that union from amongst the persons who are not working
in the concerned establishment.

(2) Nothing is sub-section (1) (b) shall apply to any federation of trade unions.

Cancellation of registration (S. 190 of BLA):

(1) The Director of Labour may cancel the registration of a trade union, if-

(a) the trade union applies for cancellation of registration;

(b) it ceased to exist;
(c) it obtained registration by fraud or by misrepresentation of facts;
(d) it contravened any of the basic provisions of its constitution;
(e) it committed any unfair labour practice;
(f) its membership has fallen short of the number of membership required under this
Chapter; or
(g) it contravened any provision of this Chapter or the rules.

(2) Where the Director of Labour is satisfied on enquiry that the registration of a trade
union should be cancelled, he shall submit an application to the Labour Court praying
for permission to cancel such registration.

(3) The Director of Labour shall cancel the registration of a trade union within 30 (thirty)
days from the date of receipt of the permission from the Labour Court.
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(4) The registration of a trade union shall not be cancelled on the ground mentioned in
sub-section (1) (e), unless an application is submitted to the Labour Court within 3
(three) months of the occurrence of unfair labour practice by such trade union
mentioned in the allegation.

Trade Unions cannot function without registration (S. 192 of BLA)

Collective Bargaining Agent (S.202 of BLA):

Where there is only one trade union in an establishment, the trade union shall be deemed to be
the collective bargaining agent for such establishment.

Where there are more than one trade unions in an establishment the unions shall, by
nominating an election commissioner from amongst themselves, take steps for election of a
collective bargaining agent (CBA).

Where a trade union is declared to be the collective bargaining agent for an establishment, it
shall be the collective bargaining agent for that establishment for 2 (two) years from the date
of such declaration, and no application for the determination of a new collective bargaining
agent for such establishment shall be entertained during this period. Provided that in the case
of a group of establishments, the duration of a collective bargaining agent shall be of 3 (three)
years.

Participation Committee (S.205 of BLA):

(1) The employer of every establishment, in which at least 50 (fifty) workers are ordinarily
employed, shall, through direct involvement of the workers working in that
establishment, constitute a participatory committee in his establishment in the manner
prescribed by rules.

(2) Such committee shall consist of the representatives of the employer and the workers.

(3) The number of representatives of workers in such committee shall not be less than the
number of representatives of the employer

(4) The representatives of the workers shall be appointed on the basis of nomination given
by the trade unions in the establishment.
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(5) Each trade union, other than the collective bargaining agent for the concerned
establishment, shall nominate equal number of representatives and the collective
bargaining agent shall nominate such number of representatives which shall exceed the
total number of representatives nominated by the other trade unions by one.

(6) In the case of an establishment where there is no trade union, the representatives of
the workers in the participation committee shall be 2[elected] in the manner prescribed
by rules from amongst the workers working in that establishment.

In an establishment where no trade union exists, the worker representatives of the

participatory committee may carry out the activities related to the interests of the
workers until a trade union is formed in that establishment.

(7) Where in an establishment there is a unit in which at least 50 (fifty) workers are
employed, a unit participation committee may, on the recommendation of the
participation committee, be constituted there in the manner prescribed by rules.

(8) Such unit participation committee shall consist of the representatives of the employers
and of the workers employed in or under that unit.

(9) An employer shall not transfer an elected or nominated officer or a member of the
participatory committee belonging to the workers side during the tenure of the
committee without his consent.

(10) An employer shall not raise any objection or take any retaliatory measure
against the workers’ representatives for anything done in good faith while carrying out
the activities related to the duties of the committee.

(11) The provisions of this section applicable to the participatory committee shall,
as far as possible, also apply to the unit participatory committee.