Q1: What is Industrial Relations? What are the various factors for good IR and causes for poor IR.

Industrial relations has become one of the most delicate and complex problems of modern industrial society. Industrial progress is impossible without cooperation of labors and harmonious relationships. Therefore, it is in the interest of all to create and maintain good relations between employees (labor) and employers (management).

Concept of Industrial Relations:The term ‘Industrial Relations’ comprises of two terms: ‘Industry’ and ‘Relations’. “Industry” refers to “any productive activity in which an individual (or a group of individuals) is (are) engaged”. By “relations” we mean “the relationships that exist within the industry between the employer and his workmen.”

In simple terms, industrial relations explains the relationship between employees and management which stem directly or indirectly from union-employer relationship.

The relationships which arise at and out of the workplace generally include the relationships between individual workers, the relationships between workers and their employer, the relationships between employers, the relationships employers and workers have with the organizations formed to promote their respective interests, and the relations between those organizations, at all levels and the management of conflict between employers, workers and trade unions, when it arises. It includes matter pertaining to employment conditions like pay, hours of works, leave with wages, health, and safety disciplinary actions, lay-off, dismissals retirements etc., laws relating to such activities, regulations governing labor welfare, social security, industrial relations, issues concerning with workers’ participation in management, collective bargaining, etc.

Originally, industrial relations was broadly defined to include the relationships and interactions between employers and employees covering all aspects of employment relationship, including human resource management, employee relations, and union-management (or labor) relations. Now its meaning has become more specific and restricted, pertaining only to the study and practice of collective bargaining, trade unionism, and labor-management relations, while human resource management is a separate, largely distinct field that deals with nonunion employment relationships and the personnel practices and policies of employers.

The National Commission on Labour lists a few important factors which affect Industrial Relations as:

Institution: It includes government, employers, trade unions, union federations or associations, government bodies, labor courts, tribunals and other organizations which have direct or indirect impact on the industrial relations systems.

Characters: It aims to study the role of workers unions and employers’ federations officials, shop stewards, industrial relations officers/ manager, mediator/conciliators / arbitrator, judges of labor court, tribunal etc.

Methods: Methods focus on collective bargaining, workers’ participation in the industrial relations schemes, discipline procedure, grievance redress machinery, dispute settlements machinery working of closed shops, union reorganization, organizations of protests through methods like revisions of existing rules, regulations, policies, procedures, hearing of labor courts, tribunals etc.

FACTORS FOR GOOD IR:

1. Recognition by the employer that the workers are a part of  a team working towards common objectives.

2.    An attitude on the part of the employee of delivering the goods, that is, giving their money’s worth.

3. Fair redressal of the employees’ grievances such as regarding working conditions, facilities, attitude of superiors and others.

4. Avoidance by workers of being unduly influenced by political leaders staging strikes as a protest or publicity for their own political gains.

5. Payment of fair wages and adequate wage structure as well as establishment of satisfactory working conditions.

6. Adoption of a policy which ensures to the workers an equitable share of the gains of increased productivity.

7. Introduction of a suitable system of employee’s education at all levels as well as providing them with appropriate equipment, where necessary.

8. Training in industrial relations and human relations to workers, technical staff and at all managerial levels.

9. Sufficient communication to keep the employees informed about decisions which affect their interests.

10. Establishment of an atmosphere of participation whether through joint committees or other methods

FACTORS FOR POOR IR:

mental inertia on the part of management and labour;

an intolerant attitude of contempt towards the workers on the part of management;

inadequate fixation of wage or wage structure;

unhealthy working conditions;

indiscipline;

lack of human relations skill on the part of supervisors and other managers;

desire on the part of the workers for higher bonus or D.A. and the corresponding desire of the employers to give as little as possible;

inappropriate introduction of automation without providing the right climate

EFFECTS OF POOR IR & SUGGESTIONS TO IMPROVE IR:

Poor Industrial Relation produces highly disquieting effects on the economic life of the country.

. Multiplier effects: Modern industry and for that matter modern economy are interdependent. Hence although the direct loss caused due to industrial conflict in any one plant may not be very great, the total loss caused due to its multipliers effect on the total economy is always very great.2. Fall in normal tempo : poor Industrial Relations adversely affects the normal tempo of work so that work far below the optimum level. Costs build up.

Absenteeism and labor turnover increase. Plants discipline breaks down and both the quality and quality of production suffer.3. Resistance of change : Dynamic industrial situation calls for change more or less continuously. Methods have to be improved. Economics have to be introduced. New products have to be designed, produced and put in the market. Each of these tasks involves a whole chain of changes and this is resisted bitterly if these are industrial conflict.4. frustration and social cost : every man comes to the work place not only to earn a living. He wants to satisfy his social and egoistic needs also. When he finds difficulty in satisfying these needs he feels frustrated. Poor Industrial Relations take a heavy toll in terms of human frustration. They reduce cordiality and aggravate social tension.

Suggestions to Improve Industrial Relation:-a. Both management and unions should develop constructive attitudes towards each other.b. All basic policies and procedures relating to Industrial Relation should be clear to everybody in the organization and to the union leader. The personnel manager must make certain that line people will understand and agree with these policies.c. The personnel manager should remove any distrust by convincing the union of the company’s integrity and his own sincerity and honesty. Suspicious, rumors and doubts should all be put to rest.d. The personnel manager should not vie with the union to gain workers loyalty to the organization.e. Management should encourage right kind of union leadership. While it is not for the management to interfere with union activities, or choose the union leadership, its action and attitude will go a long way towards developing the right kind of union leadership.

Q2. Recognition of trade unions & Privileges of Recognized trade union:

The Trade Unions Act, 1926 dealt only in 3 important factors viz;

1. The conditions governing registration of trade unions

2. The obligation to which a trade union is subjected after registration

3. The rights & privileges accorded to registered trade unions.

This act, though amended by the Trade Union Amendment Act , 1928 only defined the procedures regarding appeal against the decision of a registrar refusing to register a trade union or withdrawing certificate of registration & provided guidelines for unfair practices on the part of both the recognized trade unions & employer, but made no provision with regard to compulsory recognition of unions of workers by their employers for the purposes of negotiation or settlement of disputes.

Even in the absence of any provision in the Trade Unions Act for recognition of trade unions, in actual practice employers accord recognition to trade unions according to the Code of Discipline ratified by the All Central Employers’ and Workers’ Organisations at the 16th session of the Indian Labour Conference held in May, 1958.

The criteria for recognizing a trade union for the purpose of collective bargaining, provided in Annexure A of the Code of Discipline are;

(1) Where there are more than one union, a union claiming recognition must have been functioning for at least one year after registration. Where there is only one union, this condition would not apply.(2) The membership of the union must cover at least fifteen per cent of the workers in the establishment concerned. Membership would be counted only of those who have paid their subscription for at least three months during the period of six months immediately preceding the month of reckoning.(3) A union may claim to be recognized as a representative union for workers in all establishments in an industry in a local area if it has a membership of at least 25 per cent of the workers of that industry in that area.4. When a union has been recognized, there must be no change in its position for a period of two years. (5) Where there are several unions in an industry or establishment, the one with the largest membership must be recognized. (6) A representative union for an industry in an area must have the right to represent the workers in all the establishments in the industry, but if a union of workers in a particular establishment has membership of 50 per cent or more of the workers of thatEstablishment, it must have the right to deal with matters of purely local interest such as, for instance, the handling of grievances pertaining to its own members. All other workers, who are not members of that union might

either operate through the representative union for the industry or seek redress directly; and(7) Only unions that observe the Code of Discipline are entitled to recognition.

Conditions for Recognition Trade Unions (Amendment) Act, 1947, s. 25D provides that a trade union will not be entitled for recognition by order of a labour court under s. 25E unless it fulfills the following conditions, namely:

(1) That all its ordinary members are workmen employed in the same industry or in industries closely allied to or connected with another;(2) That it is representative of all the workmen employed by the employer in that industry or those industries;(3) That its rules do not provide for the exclusion from membership of any class of the workmen referred to in cls. (b);(4) That its rules do not provide for the procedure for declaring a strike;(5) That its rules provide that a meeting of its executive will be held at least once in every six months; and(6) That it is a registered trade union and that it has complied with all provisions of this Act.

Re-Recognition of Trade UnionsThe Trade Union (Amendment) Act, 1947, s. 28H permits the registered trade union whose recognition is withdrawn under sub -s. (3) of s. 28G to make an application for re-recognition after six months from the date of withdrawal of recognition.

Rights of the Recognized Unions under the Code of DisciplineUnder the Code of Discipline, the recognized unions have been given certain rights in preference to unrecognized unions. These rights are:

(1)To raise issue and enter into collective agreements with employers on general questions concerning terms of employment and conditions of service of workers in an establishment of in the case of a representative union, in an industry in a local area.

(2)To collect membership fees/subscriptions payable by members to the union within the premises of the undertaking.

(3) To put up or cause to put up a notice board on the premises of the undertaking in which its members are employed and affix or cause to be affixed thereon notices relating to meeting, statements of accounts of its income and expenditure and other announcements which are not abusive, indecent or inflammatory or subversive of discipline or otherwise contrary to the Code.

(4) For the purpose of prevention or settlement of an industrial dispute:

To hold discussion with the employees who are members of the union at a suitable place or places within the premises of office/factory/establishment as mutually agreed upon;

To meet and discuss with an employer or any person appointed by him for the purpose, the grievance of its members employed in the undertaking; and

To inspect to prior arrangement, in an undertaking, any place where any member of the union is employed;

(5) To nominate its representatives on the grievance committee constituted under the grievance procedure in an establishment;

(6) To nominate its representative on joint management councils, and (7) To nominate its representative on non-statutory bipartite

committees for instance production committee, welfare committee, canteen committee, house allotment committees set up by managements.

Q3: What are the various safety & health provisions applicable to an Industry?

The safety and health provisions given in the Factories Act, 1948 is one of the earliest welfare provisions made with an objective of securing proper health, safety, welfare, working hours and other benefits to workers. Though most of the provisions made by it still remain largely in force, it has been superseded by the Health and Safety at Work etc, Act, 1974.

Some of the Safety, Health & Welfare measures which are largely applicable to all Industries are;

Health (general provisions)

1. The factory premises should be clean – Sec 11

2. Arrangement to dispose wastes & effluents. – Sec 12

3. Adequate ventilation

4. Reasonable temperature for employee comfort should be maintained.- Sec 13

5. Dust and fumes must be controlled under permissible limits- Sec 14

6. Artificial humidification should be at prescribed standard level. Sec 15.

7. Overcrowding should be avoided. Sec 16.

8. Adequate lighting, drinking water, latrines, urinals and spittoons should be provided. Sec 17 to 19

9. Adequate spittoons should be provided. Sec 20.

10. Glares & Shadows should be avoided.

SAFETY PROVISIONS:

1. All machinery should be properly fenced to protect workers when machinery is in motion. Sec 21 to 27.

2. Hoists and lifts should be in good condition and tested periodically. Sec 28 and 29.

3. Pressure plants should be checked as per rules. Sec 31.

4. Floor, stairs and means of access should be of sound construction and free form obstructions. Sec 32.

5. Safety appliances for eyes, dangerous dusts, gas and fumes should be provided. Sec 35 and 36. Worker is also under obligation to use the safety appliances. He should not misuse any appliance, convenience or other things provided. Sec 111.

6. In case of hazardous substances, additional safety measures have been prescribed. Sec 41A to 41H.

7. Adequate firefighting equipment should be available. Sec 38.

8. Safety Officer should be appointed if number of workers in factory are 1,000 or more. Sec 40B.

WELFARE PROVISIONS:

1. Adequate facilities for washing, sitting, storing cloths when not worn during working hours. Sec 42.

2. If a worker has to work in standing position, sitting arrangement to take short rests should be provided. Sec 44.

3. Adequate First aid boxes shall be provided and maintained Sec 45.

FACILITIES IN CASE OF LARGE FACTORIES :

* Ambulance room if 500 or more workers are employed

* Canteen if 250 or more workers are employed. It should be sufficiently lighted and ventilated and suitably located. Sec 46

* Rest rooms / shelters with drinking water when 150 or more workmen are employed. Sec 47

* Crèches if 30 or more women workers are employed. Sec 48

* Full time Welfare Officer if factory employs 500 or more workers. Sec 49. Safety Officer if 1,000 or more workmen are employed.

Health, safety and welfare (special provisions and regulations)

Sections 63 to 79 define many specific regulations such as

1. Forbidding to eat in places where lead or arsenic are processed2. Forbidding of women and young people from working at foundries

with lead or zinc, or "mixing or pasting in connection with the manufacture or repair of electric accumulators".

As of 2008, these have all been repealed and superseded by subsequent regulations save for section 69 where there is a residual power for an inspector to restrict working in underground rooms in "factories" that are not "workplaces".