|
FIFTH SCHEDULE
UNFAIR LABOUR PRACTICES
[See section 2(ra)]
I - On the part of employers and trade unions of
employers
1. To interfere with, restrain from, or coerce, workmen
in the exercise of their right to organise, form, join or assist a trade
union or to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection, that is to say, - (a)
threatening workmen with discharge or dismissal, if they join a trade union;
(b) threatening a lock-out or closure, if a trade union
is organised; and
(c) granting wage increase to workmen at crucial
periods of trade union organisation, with a view to undermining the efforts
of the trade union at organisation.
2. To dominate, interfere with or contribute support,
financial or otherwise, to any trade union, that is to say :- (a) an employer
taking an active interest in organising a trade, union of his workmen; and
(b) an employer showing partiality or granting favour
to one of several trade unions attempting to organise his workmen or to its
members, where such a trade union is not a recognised trade union.
3. To establish employer-sponsored trade unions of
workmen.
4. To encourage or discourage membership in any trade
union by discriminating against any workman, that is to say :- (a)
discharging or punishing a workman, because he urged other workmen to join or
organise a trade union;
(b) discharging or dismissing a workman for taking part
in any strike (not being a strike which it deemed to be an illegal strike
under this Act);
(c) changing seniority rating of workmen because of
trade union activities;
(d) refusing to promote workmen to higher posts on
account of their trade union activities;
(e) giving unmerited promotions to certain workmen with
a view to creating discord amongst other workmen, or to undermine the
strength of their trade union;
(f) discharging office bearers or active members of the
trade union on account of their trade union activities.
5. To discharge or dismiss workmen - (a) by way of
victimisation;
(b) not in good faith, but in the colourable exercise
of the employer's rights;
(c) by falsely implicating a workman in a criminal case
on false evidence or on concocted evidence;
(d) for patently false reasons;
(e) on untrue or trumpet up allegations of absence without
leave;
(f) in utter disregard of the principles of natural
justice in the conduct of domestic enquiry or with undue haste;
(g) for misconduct of a minor or technical character,
without having any regard to the nature of the particular misconduct or the
past record of service of the workman, thereby leading to a disproportionate
punishment.
6. To abolish the work of a regular nature being done
by workmen, and to give such work to contractors as a measure of breaking a
strike.
7. To transfer a workman mala fide from one place to
another, under the guise of following management policy.
8. To insist upon individual workmen, who are on a
legal strike to sign a good conduct bond, as a precondition to allowing them
to resume work.
9. To show favouritis or partiality to one set of
workers regardless of merit.
10. To employ workmen as "badlis" casuals or
temporaries and to continue them as such for years, with the object of
depriving them of the status and privileges of permanent workmen.
11. To discharge or discriminate against any workman
for filing charges or testifying against an employer in any enquiry or
proceeding relating to any industrial dispute.
12. To recruit workmen during a strike which is not an
illegal strike.
13. Failure to implement award, settlement or
agreement.
14. To indulge in acts of force or violence.
15. To refuse to bargain collectively, in good faith
with the recognised trade unions.
16. Proposing or continuing a lock-out deemed to be
illegal under this Act.
II - On the part of workmen and trade unions of workmen
1. To advise or actively support or instigate any
strike deemed to be illegal under this Act.
2. To coerce workmen in the exercise of their right to
self-organisation or to join a trade union or refrain from joining any trade
union, that is to say - (a) for a trade union or its members to picketing in
such a manner that non-striking workmen are physically debarred from entering
the work places;
(b) to indulge in acts of force or violence or to hold
out threats of intimidation in connection with a strike against non-striking
workmen or against managerial staff.
3. For a recognised union to refuse to bargain
collectively in good faith with the employer.
4. To indulge in coercive activities against
certification of bargaining representative.
5. To stage, encourage or instigate such forms of
coercive actions as willful "go slow", squatting on the work
premises after working hours or "gherao" of any of the members of
the managerial or other staff.
6. To stage demonstrations at the residences of the
employers or the managerial staff members.
7. To incite or indulge in willful damage to employer's
property connected with the industry.
8. To indulge in acts of force or violence or to hold
out threats of intimidation against any workman with a view to prevent him
from attending work.
|
UNFAIR LABOUR PRACTICES
