paper ii(industrial relations)

8/4/2019 Paper II(Industrial Relations)

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Brief Note on the Origins, Evolution, and Meaning of the

Qualitative Research Concept Thick Description

Joseph G. Ponterotto

Fordham University, New York,

The origins, cross-disciplinary evolution, and definition of thick description are

reviewed. Despite its frequent use in the qualitative literature, the concept of thick description

is often confusing to researchers at all levels. The roots of this confusion are explored and

examples of thick description are provided. The article closes with guidelines for presenting

thick description in written reports. Key Words: Thick Description, Ethnography, Grounded

Theory, Phenomenology, Thick Interpretation, Thick Meaning, and Qualitative Writing

One of the most important concepts in the lexicon of qualitative researchers is

thick description. In fact, the Subject Index of virtually every major textbook on qualitative

methods published during the last three decades includes one or more entries

under either thick description, or description, thick (Bogdan & Biklen, 2003;

Creswell, 1998; Denzin, 1989; Denzin & Lincoln, 2005; Lincoln & Guba, 1985; Marshall

& Rossman, 1999; Patton, 1990, to name but a few). Despite the widespread use and

acceptance of the term thick description, in qualitative research, there appears to be

some confusion over precisely what the concept means (Holloway, 1997; Schwandt,

2001). Personally, I can relate to this confusion on two levels. First, in my own

qualitative research and writing over the years, I have at times struggled to fully

understand the concept of thick description. Second, in my experience teaching and

supervising qualitative research, I find that students and colleagues struggle in their

attempts to understand and practice thick description in their work. It was this set of

struggles that led me to study the concept of thick description more closely, and to

share my findings with the readership of The Qualitative Report (TQR).

The goals of this Brief Note are to (a) clarify the origins of the concept of thick

description; (b) trace its evolution across various disciplines; (c) define the concept

comprehensively; (d) provide exemplars of thick description in the published literature;

and (e) offer guidelines for presenting thick description in non-ethnographic studies. In

meeting these goals, I hope to bring some clarity and consensus to our understanding and

usage of the concept thick description.


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Origins of Thick Description

Though many researchers cite North American anthropologist Clifford Geertzs (1973) The

Interpretation of Cultures, when they introduce thick description, the term and concept

originate, as Geertz himself notes, with Gilbert Ryle, a British metaphysical

philosopher at the University of Oxford. The root of the concept can be found in Ryles 539 The

Qualitative Report September 2006

(1949) Concept of the Mind where he discussed in great detail the description of

intellectual work (p. 305). The firstpresentation of the actual term, thick description,

appears to come from two of Ryles lectures published in the mid 1960s titled Thinking

and Reflecting and The Thinking of Thoughts: [colon added] What is La Penseur

Doing? Both lectures were published in Ryles (1971) Collected Papers, Volume II,

Collected Essays 1929-1968, and can be easily located by the interested qualitative

researcher.

For Ryle (1971) thick description involved ascribing intentionality to ones

behavior. He used the following example,

A single golfer, with six golf balls in front of him [sic], hitting each of them, one after

another, towards one and the same green. He [sic] then goes and collects the balls, comesback to where he [sic] was before, and does it again. What is he doing? (p. 474)

The thin description of this behavior is that the golfer is repeatedly hitting a

little round white object with a club like device toward a green. The thick description

interprets the behavior within the context of the golf course and the game of golf, and

ascribes thinking and intentionality to the observed behavior. In this case, the golfer is

practicing approach shots on the green in anticipation of a future real golf match (which

usually includes two or four players) with the hope that the practicing of approach shots

at the present time will improve his approach shot skill in a real match at some time in the

future. Thus for Ryle, thick description involves understanding and absorbing the

context of the situation or behavior. It also involves ascribing present and future


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intentionality to the behavior.

Evolution of Thick Description

The term thick description became part of the qualitative researchers

vocabulary when Geertz borrowed Ryles (1971) philosophical term to describe the work

of ethnography. Geertz (1973) stated the following,

From one point of view, that of the textbook, doing ethnography is

establishing rapport, selecting informants, transcribing texts, taking

genealogies, mapping fields, keeping a diary, and so on. But it is not these

things, techniques and received procedures that define the enterprise.

What defines it is the kind of intellectual effort it is: an elaborate venture

in, to borrow a notion from Gilbert Ryle, thick description. (p. 6) (Note:

Geertz was the first to put parentheses around thick description, Ryle

only put quotation marks around thick.)

Geertz (1973) believed that the data of anthropological writing was really our

own constructions of other peoples constructions of what they and their compatriots are

up to (p. 9). Therefore, for a reader of anthropological work to gauge for herself or

himself the credibility of the authors interpretations, the context under which these

interpretations were made must be richly and thickly described. Joseph G. Ponterotto 540

Geertzs (1973) adaptation of thick description was expanded upon by the noted

qualitative researcher and Professor of Communications, Sociology, and Humanities,

Norman K. Denzin, who noted,

A thick description does more than record what a person is doing. It

goes beyond mere fact and surface appearances. It presents detail, context,

emotion, and the webs of social relationships that join persons to one

another. Thick description evokes emotionality and self-feelings. It inserts

history into experience. It establishes the significance of an experience, or


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the sequence of events, for the person or persons in question. In thick

description, the voices, feelings, actions, and meanings of interacting

individuals are heard. (Denzin, 1989, p. 83)

Denzins (1989) elaboration of thick description introduced Geertzs

anthropological term and Ryles philosophical concept to the disciplines of sociology,

communications, and humanities. In his classic book on Interpretive Interactionism,

Denzin devotes a full chapter to elaborating on the concept of thick description. I

believe it was Denzins literary detail in describing thick description that has had the

most significant impact in promoting the terms worldwide use by qualitative researchers

across intellectual disciplines. In essence, Denzin extended the utility of thick

description as an anthropological construct used in ethnography, and particularly in

participant observation, to the wider audience of qualitative researchers (e.g., in

sociology, psychology, education) and qualitative approaches (e.g., phenomenology,

grounded theory).


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Abstract

This article traces the growth of the trade union movement in the Indian jute industry during

the years between the two World Wars. It considers the features specific to the jute industry

which contributed to the growth of trade union consciousness among the jute mill workers, such

as the nature and composition of the jute labour force, the structure of the industry and thelocation of the jute mills in a relatively compact area on the banks of the Hooghly. It also

examines briefly some of the other factors that affected the attempts by the jute mill workers to

build trade unions and considers, in this context, the conflicts between British and Indian

interests in jute industry and jute trade, the lack of homogeneity among the jute mill labour force,

and the role of the leadership of the nationalist movement. The article concludes with a brief

consideration of the major strikes organised in the jute industry in 1937 and 1938, the role of the

unions led by the Congress Socialist Party and the Communists during these strikes and the

broader differences in political perspectives that these strikes highlighted. An important failure ofthe leadership of jute mill workers during this period, the author suggests, was the lack of

recognition of the intimate links between jute mill workers and jute growers. In jute, specifically,

the organic links between the struggle of the jute growers and jute mill workers was not clearly

perceived by the communist party whose trade union activities among the jute mill workers was,

therefore, to some extent superficial during the period under review.


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3.Definition for industrial dispute:Strike action, often simply called a strike, is a work stoppage caused by the massrefusal of employees to work. A strike usually takes place in response to employeegrievances. Strikes became important during the industrial revolution, when masslabour became important in factories and mines. .

a disagreement between employers and workers. Industrial disputes comprise strikes,which are a withdrawal from work by a group of employees; and lockouts, which are a refusal by

an employer or group of employers to permit some or all of their employees to work. ...

Settlement of industrial dispute

We are always must reluctant to put any interpretation upon labour legislation is likely toprejudice the rights or welfare of Labour. We are fully conscious of the fact that our legislature

has put labour legislation on the statue book primarily for the purpose of redressing the balance

between employers and employees and that we would not, unless we are compelled to do so by

the clear language used by the legislature put any construction upon any provision of labourlegislation which will in any way prejudicially affect their rights.

State intervention in industrial relations is essentially a modern development . With the

emergence of the concept of welfare state, new ideas of social philosophy, national economy andsocial justice sprang up with result that industrial relation no longer remains the concern of

labour and management alone. Many countries realized that for general progress to be assured,

economic progress was a must. In no country is a complete laissez faire attitude now adopted in

the matter of labour management relations.

In all the countries, over a period of time, the state has assumed power to regulate industrialrelations. It is the state which is now the most significant element in determining the legal

environment within which industrial relations operate.2 Bean regarded state as anactor within

industrial relations performing a number of distinct roles3 The distinct role that state performs

are broadly, categorized by him as five. Firstly, it acts as a third party regulator promoting a legalframework which establishes general ground rules for union-management inter-action,

particularly in the procedure for collective bargaining4 . Secondly, and additionally, as a means

of supporting and underpinning collective bargaining or as a supplement to it the law can be usedestablish minimum standards while collective bargaining exploits particular advantages to secure

higher standards whenever it can.5 The third well established function in many countries is the

provision of state service for conciliation, mediation and arbitration with a view to facilitating

the settlement of industrial disputes. A fourth aspect of the role of the state that has becomeincreasingly important is that of a direct and primary participation as a major employer in the

public sector. In this respect, it influences the pattern of industrial relations by its own behaviour

and example. A fifth role that the state has come to play in many countries is that of a regulatorof incomes. As a result, direct and active state involvement in the industrial relations has become

much more pronounced in recent years.


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The concern of state in matters relating to labour is product of its obligations to protect the

interest of industrial community , while at the same time fostering economic growth in almost allcountries. State has assumed powers to regulate labour relations in some degree or the other. In

some , has taken the form of laying down bare rules or observance by employers and workers; in

others, the rules cover a wider area of these rules6. So far as our country is concerned , State

intervention in labour matter can be traced back to the enactment of the Employers andWorkmens Disputes Act 1860 which provided for the speedy disposal of the dispute relating to

the wages of workmen engaged in railways, canals and other public works, by Magistrates. After

World War-1 however, State intervention in Dispute Resolution became more systematic andeffective.

The Trade Dispute Act was passed providing for constituting courts of Inquiry and Conciliation

Boards and forbidding strikes in public utility services without notice. The Act 1920 was

replaced by the Trade Dispute Act 1929 incorporating provisions relating to general strikes as

well. Thereafter Bombay Trade Dispute (Conciliation) Act 1934 was passed providing forpermanent cadre for conciliators in selected industries. In the Year 1938 , Trade Dispute Act

1929 was amended authorizing and Central and Provincial Govts. to appoint ConciliationOfficers. In the same year, Bombay Industrial Dispute Act 1938 was passed providing for settingup of an industrial Court and prohibiting strikes and lockouts under certain conditions.Thereafter, during the emergency caused by World War II , under Rule 81A of the Defence of

India Rules , power was given to the appropriate Govt. to appoint industrial tribunals and enforce

the awards passed by them.

Later on Bombay Industrial Disputes Act was replaced by the Bombay Industrial Relations Act

1946. Little later in the year 1947, the Industrial Dispute Act 1947 (here after referred as the Act)was passed providing for appointing /constituting conciliation officers, boards of conciliation,

courts of inquiry and industrial tribunals.

The Act was amended in the year 1956 providing for constituting labour courts and national

industrial tribunals. The subject labourhaving been in the concurrent list of the Constitution of

India, both the centre and states have the power to legislate on labour matters. Several states haveamended the Central Act 1947 so as to suit to them while others have enacted their own Acts.

The main object of the enactment of the Act is to ensure social justice to both the employees andemployers and advance the progress of industry by bringing about the existence of harmony and

cordial relationship between the parties so as to bring about industrial peace which would

accelerate procedure activity of the country. The Act provides for prevention and settlement of

industrial disputes. Industry means a business (as a merchant), a trade ( as a culter), amanufacture (as a flour mill), an undertaking ( as a gas company), a calling as a engineer, or

service ( as a carrier) or an employment ( a general term like calling embracing some of the

others; and intended to extend to vocations which might not be comprised in any of the rest), allthese expressions so far indicating the occupation in which the principle,... is indicated whether

on land or water.. if the occupation so described is one in which persons are employed for pay,

hire, advantage or reward , that is as employees, then , with the exceptions stated, it is anindustry with in the meaning of Act.7 . Industrial Peace and industrial harmony may have the

same meaning; but we are inclined to think that the concept of industrial peace is somewhat


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negative and restrictive. It emphasis absence of strife and struggle. The concept of industrial

harmony is positive and comprehensive and it postulates the existence of understandingcooperation and a sense of partnership between the employers and the employees. That is why

we prefer to describe our approach as one is quest of industrial harmony.8

Industrial Dispute means any dispute or difference between employer and employees , orbetween employer and workmen or between workmen and workmen, which is connected with

the employment or non employment or the terms of employment or with the conditions ofLabour, or any person9. The Scope the definition of Industrial Dispute is very wide. The

words employment and non employment in the definition are of widest amplitude and have been

but in juxtaposition to make the definition comprehensive . Any dispute concerned withemployment or non-employment constitute the subject matter of one class or industrial disputes.The matters which can form subject matter industrial dispute are enumerated in Second, Third

and Fourth Schedule given at the end of Industrial Dispute Act.10

There are two types of Industrial Disputes-interest disputes and rights disputes. Interest disputes

relate to determination of new wage level and other condition of employment while rightsdisputes on the other hand relate to interpretation and application of existing standards andusually involve and individual worker or group of workers. Under category of rights disputes,

claim is made that the workmen have not been treated in accordance with the rules, individual

contracts of employment, laws and regulations and as per collective agreements. Such disputesare also described as grievance disputes. Such grievances may be regarding retrenchment

,dismissal, payment of wages, working time, overtime, demotion , promotion, transfer, seniority,

job classification, work rules and fulfillment of obligation relating to safety and health laid down

in an agreement. The definition ofIndustrial Dispute as given in the Act has a wide coverage. Alldisputes relating to employment or non- employment, or the terms of employment or with the

condition of labour are covered under the definition.

Settlement means a settlement arrived at in the course of conciliation proceeding and included awritten agreement between employer and workmen arrived at otherwise than in course

conciliation proceeding where such agreement has been signed by the parties there to in such

manner as may be prescribed and a copy thereof has been sent to the officer authorized in this

behalf by the appropriate government and the conciliation officer.11The definition envisage twocategories of settlement.

(1) Settlement arrived at in the course of conciliation and

(2) Settlement arrived at privately or otherwise than in the course of conciliation.

The settlement arrived at in the course of conciliation stand on a higher plane than thesettlements arrived at otherwise than in the course of conciliation. The legal effect of both these

settlements is not identical . The settlement arrived at otherwise than in the course conciliation

binds only the parties to settlement and none else. In any case it does not stand on higher planethan the settlements arrived at in the conciliation and that makes the two distinct and different

from each other.


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Procedures for settling labour dispute: Collective Bargaining, Negotiation, Conciliationand Mediation, Arbitration and Adjudication are well known methods for settlement of industrial

disputes.

Collective Bargaining :- Collective Bargaining is a technique by which dispute as to

conditions of employment, are resolved amicably, by agreement, rather than by coercion. Thedispute is settled peacefully and voluntarily, although reluctantly, between labour andmanagement.12 In the context of present day egalitarian society, with its fast changing social

norms, a concept like collectivebargaining is not a capable of a precise definition. The content

and Scope collective bargaining also varies from country to country. Broadly SpeakingCollective bargaining is a process of bargaining between employers and workers, by which they

settle their disputes relating to employment or non-employment , terms of employment or

conditions of the labour of the workman, among themselves, on the strength of the sanctions

available to each side .13 Occasionally, such bargaining results in an amicable settlement,arrived at voluntarily and peacefully , between the parties. But quite often, the workers and

employers have to apply sanctions by resorting to weapons of strike and lockouts, to pressurize

one another, which makes both the sides aware of the strength of one another and that finallyforces each of them to arrive at a settlement in mutual interest . It is thus the respective strength

of the parties which determine the issue, rather than the wordy duals which are largely put on for

show, as an element of strength in one party is by the same token, an element of weakness inanother.14

The final outcome of bargaining may also depend upon the art, skill and dexterity of displaying

the strength by the representatives of one party to the other.

Negotiation:Negotiation is one of the principal means of settling labour disputes. However,due to lack of trust between the employers and workmen or their trade unions or inter-rivalry ofthe trade unions and the employers being in a commanding position, many a time negotiations

fail. Through Amendment in the Act by Act 46 of 1982 Chapter II B providing for reference ofcertain individual disputes to Grievance Settlement Authority has been inserted in the Act. Underthis Chapter, section 9 C has made it obligatory for the employers to make provision for

Grievance Settlement Authority for settlement of industrial disputes connected with an

individual workman employed in an establishment in which fifty or more workmen are

employed or have been employed on any day. In the preceding twelve months. This amendmenthowever even inspite of having been made twenty one years back has not seen the light of the

day.

Conciliation & Mediation: Through conciliation and mediation a third party providesassistance with a view to help the parties to reach an agreement. The conciliator brings the rival

parties together discuss with them their differences and assist them in finding out solution totheir problems. Mediator on the other hand is more actively involved while assisting the parties

to find an amicable settlement. Sometimes he submits his own proposals for settlement of their

disputes.

Conciliation may be voluntary or compulsory. It is voluntary if the parties are free tomake use of the same, while it is compulsory when the parties have to participate irrespective of

whether they desire to do so or not. Section 4 of the Act provides for appointment for


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conciliation officers and Section 5 for constitution of Boards of Conciliation. The Board of

conciliation is to consist of an independent Chairman and two or four member representing theparties in equal number. While the former is charged with the duty of mediating in and

promoting the settlement of industrial disputes, the latter is required to promote the settlement of

industrial disputes. The act generally allows registered trade unions or a substantial number of

workers/ employees and also in certain cases individual workman to raise disputes. Theperformance of conciliation machinery, though it does not appear to be unsatisfactory15, causes

delays due to casual attitude of the parties towards conciliation, defective processes in the

selection of personnel and unsatisfactory pre-job training and period-in-service-training16.Delays in conciliation are attributed partly to the excessive work-load on officers and partly to

the procedural defects. Since conciliation officer has no powers of coercion over labour and

management , he can only persuade them to climb down and meet each other. The settlementsthat are claimed to result from conciliation are increasingly the result of political intervention17.

Success of conciliation depends upon the appearances and their sincere participation in

conciliation proceedings of the parties before the conciliation officers. Non-appearance and non-

participation of the parties in conciliation proceedings poses a serious hindrance in this direction.

On the attitude of the parties National Commission on Labour observed conciliation is lookedupon very often by the parties as merely hurdle to be crossed for reaching the next stage. The

representatives sent by the parties to appear before him are generally officer who do not have thepower to take decisions or make commitments: they merely carry the suggestion to the

concerned authorities on either side. This dampens the spirit of a conciliator. We have been told

by the employers and workers, organizations alike that the conciliation machinery is weakenedbecause of its falling into this type of disuse in recent years,18 Section 11 of the Act has clothed

the conciliation officers with the power to enter premises occupied by any establishment and also

has been invested with the powers of civil court under the Civil Procedure Code, 1908 when

trying a suit for enforcing the attendance of any person and examining him on oath, compellingthe production of documents and material objects and issuing commission for examination of

witness for the purpose of inquiry in to any existing or apprehended industrial dispute. These

provisions are seldom enforced. Moreover, conciliators most often do not have requisite

information on the employers and trade unions, up to date wage/productivity, information andrelevant up to date case laws which affect his capability to conciliate effectively . The National

commission on labour in this context laid emphasis for pre job and on the job training of

conciliation officers.

Arbitration: The resort to arbitration procedure may be compulsory or arbitrary . Compulsoryarbitration is the submission of disputes to arbitration without consent or agreement of the parties

involved in the dispute and the award given by the arbitrator being binding on the parties to the

dispute. On the other hand in case of voluntary arbitration, the dispute can be referred for

arbitration only if the parties agree to the same. Section 10 A of the Act, however, provides onlyfor voluntary reference of dispute to arbitration. This system, however, has not been widely

practiced so far. One of the main reasons for not gaining popularly of this procedure is lack of

arbitrators who are able to command respect and confidence of the parties to the dispute. InterUnion rivalry also sometimes makes it difficult in arriving at an agreement on settlement of an

arbitrator who is acceptable to all the trade unions in the industry.


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The Apex court in case Kurnal Leather Employess Union vs Liberty Footwear Co.19 has held

that the remedy under section 10K is voluntary and alternative for settlement of industrial disputebut if the parties to the dispute have agreed in writing for settlement of their disputes through

arbitrator, then the Govt. cannot refer the dispute to the Tribunal for adjudication.

Adjudication: If despite efforts of the conciliation officer , no settlement is arrived at betweenemployer and the workman, The Industrial Dispute a provides for a three tier system ofadjudication viz. Labour Courts , Industrial Tribunals and National Tribunals under section, 7 ,

7A and under section 7B respectively. Labour Courts have been empowered to decide disputes

relating to matters specified in the Second Schedule. These matters are concerned with the rightsof workers, such as propriety of legality of an order passed by an employer under the standing

orders, application and interpretation of standing orders, discharge or dismissal of workman

including reinstatement of grant of relief to workman wrongfully discharged or dismissed,

withdrawal of any customary concession or privilege and illegality or otherwise of a strike orlockout.

The industrial tribunal are empowered to adjudicate on matters specified in both the Second and

Third schedule i.e. both rights and interest disputes. The jurisdiction of the Industrial Tribunal iswider that the labour courts.

paper ii(industrial relations)

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