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Anatomy of Industrial Conflict Concept & Essentials of a Acc.

To ID Act, dispute 2(k); 1947, Sec

Industrial disputes means any dispute or difference between employers & employers, or between employers & workmen, or between workmen & workmen, which is connected with the employment or non employment or terms of employment or with the conditions of labor of any person. For a dispute to become industrial 7/29/12

1.

Anatomy of Industrial Conflict Concept & Essentials of a dispute There must be a dispute or a
difference Between employers & workmen (such as demarcation disputes) and Between employers (such as wage warfare where labor is scarce) and Between workmen & workmen

a)

b)

c)

2. It is connected with the employment or non employment or 7/29/12

Anatomy of Industrial Conflict Concept & Essentials of a dispute 3. A workman does not draw wages

exceeding Rs. 10,000/ month (because being employed in a supervisory capacity, he draw wages exceeding Rs. 10000 per menses or exercises, either by the nature of the duties attached to the office or by reason of the power vested in him, functions mainly in a managerial nature.) 4. The relationship between the 7/29/12

Interpretation of disputes by courts


Some of the principles for judging the nature of a dispute evolved by the courts are as follows:
1.

The dispute must affect a large group of workmen who have a community of interest & the rights of these workmen must be affected as a class. In other words, a considerable section of employees should necessarily make common 7/29/12

Interpretation of disputes by courts


3. There must be a concerted demand by the workers for redress & the grievances becomes such that it turns from individual complaint into a general complaint. 4. The parties to dispute must have direct & substantial interest in the dispute, i.e. there must be some nexus between the union which exposes the causes of the workmen & the dispute. 7/29/12

Interpretation of disputes by courts


By incorporating Section 2A in the ID Act, 1947, a right has been given to individual workman himself to raise an industrial dispute with regard to termination, discharge, dismissal, or retrenchment of his service, even though no other workman or any trade union of workmen raises it or is a party to the dispute.
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Patterson observes: Industrial

Classification of Industrial Disputes


The most common practice is to make a distinction between 2 main types of disputes relating to terms of employment. They are:
a)

Disputes that arise out of deadlocks in the negotiations for a collective agreement, popularly known as interest disputes, and

b)

Disputes that arise from day to 7/29/12 day workers grievances or

Classification of Industrial Disputes


c) Those arising from acts of interference with the exercise of the rights to organize, or acts commonly known as unfair labor practices, and d) disputes over the right of a trade union to represent a particular class or category of workers for purposes of collective bargaining, simply referred to as recognition disputes.
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Details of classification (a) Interest Disputes:


These disputes are also called conflicts of interest or economic disputes. They generally correspond to what in some countries are called collective labor disputes.

In general they relate to the determination of new terms & conditions of employment for the general body of worker. In most cases, the disputes originate

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Details of classification (a) Interest Disputes:

Since there are generally no mutually binding standards that can be realized upon to arrive at a settlement of interest disputes, recourse must be made to bargaining power, compromise & sometimes a test of economic strength before the parties reach an agreed solution. As the issues in these disputes are compromisable they lend 7/29/12

These disputes are also known as conflict of rights or legal disputes.

Details of classification (b) Grievance or Right Disputes:

They involve individual workers only or a group of workers in the same group & correspond largely to what in some countries are called individual disputes. They gradually arise from day-to-day working relations in the undertaking 7/29/12 usually as a protest by the worker or

The grievances typically arise on such questions as discipline & dismissal, the payment of wages & other fringe benefits, working time, over time, time off entitlement, promotion, demotion, transfer rights of seniority, rights of supervisors & union officials, job classification problems, the relationship of work rules to the collective agreement & 7/29/12 the fulfillment of obligations relating

Details of classification (b) Grievance or Right Disputes:

Details of classification (b) Grievance or Right Disputes: especially over In some countries, grievances arise
the interpretation & application collective agreements. The grievance disputes are, therefore, also called interpretation disputes. Such grievances, if not dealt with in accordance with a procedure that is respected by the parties, often result in embitterment of the working relationship & a climate of industrial strife. There is a definite standard for settling a grievance dispute the relevant proportion of the collective agreement, employment contract, work rules or law, or custom or usage. In many 7/29/12 countries, labor courts or tribunals

Details of classification (c) Disputes over unfair laabor labor practices in IR are practices: The most common unfair

attempts by the management of an undertaking to discriminate against workers on the ground that they are trade union members or participate in trade union activity.

In most cases, the objects of the discriminatory treatment are union officials or representatives employed in the undertaking, & trade union members who have actively participated in the strikes. Other unfair labor practices are generally concerned with interference, resistant or coercing of employers when they exercise their right to organize, join or assist a union, establishment of employer sponsored unions, refusal to bargain collectively in good faith, 7/29/12 with the recognized unions; recruiting new employers

These unfair labor practices are also known in various countries as trade unions victimization. In many countries, a special procedure exists under the law for the prevention of such practices. Such a procedure obviates or preludes conciliation. In the absence of such procedure, disputes are settle according to the normal procedure laid down under 7/29/12

Details of classification (c) Disputes over unfair labor practices:

Details of classification (2) Recognition Disputes


This type of dispute arises when the mngmnt of the undertaking or employers org refuses to recognize a trade union for the purpose of collective bargaining.

Issues in recognition disputes differ acc. To the cause which has led the mgmt to refuse recognition. It may be that the mgmt dislikes 7/29/12 trade unions & will not have anything

Details of classification (2) Recognition Disputes

In such case, the resolution of the issue may depend on the existence or non existence of rules for determining the representative character of a trade union for the purpose of collective bargaining. Such rules need not necessarily be laid down by law; they may be conventional or derived from prevailing practices in the country. 7/29/12

Impact of ID
The consequences of ID are very far reaching for they disturb the economic, social & political life of a country. The workers, the employers, the consumers, the commodity & the nation suffer in more than one way. VARIOUS IMPACTS
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Impact of ID
1)

Industrial dispute result in a huge wastage of mandays & dislocation in the production work. A strike in a public utility service disorganizes public life & throws the economics out of gear; and consumers are subjected to untold hardships.

The short supply of consumer goods results in sky rocking prices, & leads to their non availability in the 7/29/12

Impact of ID
2) The employers suffer heavy losses , not only through stoppages of production , reduction in sales & loss of markets but also in the form of huge expenditure incurred on crushing strikes, engaging strike breakers & blacklegs maintaining a police force & guards;

A part from these losses, the loss of mental peace, respect & status in 7/29/12

Impact of ID
3) The public/society, too, is not spared, industrial unrest creates law & order problems, necessitating increased vigilance on the part of the state.

Further, even disputes are settled, strife & bitterness continue to linger, endangering social relations.

4) Industrial disputes also affect the 7/29/12 national economy

Impact of ID

On the 1 hand, it impoverishes the people actually involved in the stoppage, it lessens the demand for the goods the other industries make, On the other hand, if the industry in which the stoppage has occurred is one that furnishes a commodity or service largely used in the conduct of other industries, it lessens the supply to them of raw material or equipment 7/29/12