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Objectives
Understanding the nature of industrial conflicts (IC) Examining incidence, causes & consequences of IC.

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Industrial Conflict
The dictionary defines conflict as a struggle to resist or overcome; contest of opposing forces or powers; strife; battle; a state or condition of opposition; antagonism; discord and etc. According to SCI, The primary pathology of industrial strike is attitudinal. According to Zornhauser, industrial conflict is the total range of behavior and attitudes that express opposition and divergent orientations between individual owners and managers on the one hand, and working people and their organizations on the other.

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Analysis of Definitions of IC
Conflict Industrial Conflict Conflict in organizations include interdepartmental rivalries, disputes between the managers and also interpersonal tensions IC refers to the aspects connected with the employment relationship. It does not include interpersonal conflict

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Manifestation of Conflict

Manifestation of Organized Conflict Manifestation of Unorganized Conflict


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Manifestations of Organized Conflict


Organized Conflicts

Unions

Management

Refusal to Negotiate

Unwilling to Negotiate

Lockouts

Arguments

Termination

Demotion

Lay Offs

Hostility

Work to Rule

Demonstration

Loss of Production

Stress & Tension

Strike

Unwilling to Negotiate 6/10/2013

Resentment

Absenteeism

Manifestations of Unorganized Conflict


Unorganized Conflicts

Workers

Management

Lockouts

Unorganized supervision of efforts

Autocratic

Lay-Offs

Intentional waste & inefficiency

Strict Discipline

Unnecessary Firing

Demotion

Absenteeism Complaints
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Breaking of rules Strike

Approaches to Conflict Resolution


Negotiation & Bargaining
Coercion Mediation Adjudication

Arbitration

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Adjudication vs. Arbitration


Adjudication Arbitration

A Compulsory method Adjudicatory body- Presiding Officer Presiding officer can appoint one or two assessors Only parties involves in the dispute present their case

A Voluntary method Arbitrators- one or more No such facility

Govt. may ask parties to present their case before arbitrator

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Conflict Resolution Styles

Avoidance

Accommodating

Win/Loose

Problem Solving

Compromising Style

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Analysis of ID in India
Years No. of Disputes 2002 579 2003 552 2004 477 2005 456 2006 440

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Contd..
Public Sector No. of disputes Mandays Lost (000) Value of Production Loss (Rs, crore) Private Sector Private Sector No. of disputes 2003 Mandays 2004 Lost (000) 2005 No. of of disputes Value Production Loss (Rs, Crore) 6/10/2013 2003 59 1099 27.47 2004 49 1590 36.97 2005 57 2039 59.8

2003 493 23,400 391.02

2004 428 22,061 318.62

2005 399 27,343 285.28

Causes of IC
Economic Causes wage, bonus, etc Political Causes Political instability, various parties & their affiliation with TUs., one upmanship, Social Causes Low morale in society, permissiveness, bankruptcy of social values & norms, indiscipline & violence, economic disparities, inequities, etc. Technological Causes Unsuitable technology i.e. difficulty in adaptation, resistance to change, fear of unemployment, etc.
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Causes of IC contd.
Psychological Causes conflict in individual & organizational objectives, motivational problems, personality & attitude, mistrust or lack of trust. Market Situation Inactive/inadequate legal machinery, injustice, competition, etc. Benefits of Conflicts Brings about social change as a consequence.
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Consequences of ID
Employer Employees Consumers

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Modes of Industrial Actions


Overtime bans Strikes

Go-Slow

Sit-ins

Picketing

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Work Stoppages: Strikes, Lockouts & Closures


Section 2(q) of the ID Act defines strike as cessation of a work by a body of persons employed in any industry acting in combination, or a concerted refusal to continue to work or to accept employment.

Lockout is defined as an employers decision to bar unionized employees from entering the workplace until such time as they accept to work on the employers terms and conditions

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Contd..
Lay-off can be defined as the failure, refusal or inability of an employer on account of shortage of power, raw materials, accumulation of stocks, or the breakdown of machinery, from giving employment to a workman.

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Is strike a fundamental right?

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Can workers get wages for strike period?

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Forms of Strike
Go-slow
Tool-down strike
Token Strike

Work to rule

Pen-down Strike

Hunger Strike

Stay-in Strikes
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Sympathetic Strike

Flash Strike

Go-Slow Strike
Does the employer has right to stop the workers from entering the work premises even if the workers have not broken any discipline? Bombay Dyeing vs. Mumbai Mazdoor Sabha, 1987 (MRTU & PULP Act)

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When is a Strike Illegal?


If it breaches the contract of employment If the strike has been called in public utility services sector If prior notice of strike is not given

If strike is commenced during award or settlement period If it is started during or within 7 days of completion of conciliation proceedings If the strike is commenced during or within 2 months of completion of adjudication proceedings

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Prohibition of Strike
Employees are prohibited from going on strikes according to the Section 22 of ID Act, 1947 (employees working in a public utility service) Cannot go on strike without giving a six weeks of prior notice Cannot go on strike within 14 days of providing the strike notice
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Strike Notice
Section (22) (1) of the Act requires a 14-day notice in public utility services (compulsory) If no notice is given, then it will attract:
Penal Consequence Disciplinary action for going on illegal strike Deduction of wages for not performing the duty

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Statutory Machineries for the Prevention and Settlement of ID


1. Mechanism under IDA:
a. b. c. d. e. f. g. h. i. j. Works committee. Conciliation officer. Board of conciliation. Court of enquiry. Labour courts. Tribunals. National tribunal Voluntary reference of ID to Arbitration. General prohibition on Strikes & Lock outs (sec22 to 25). Resorting to Unfair labour Practices made punishable (6months imprisonment or Rs1000/- fine or both).

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Industrial Settlement Machinery

Preventive Provision (Works Committee)

Conciliatory Provision
(Conciliation officer; Conciliation Board)

Adjudicatory Provision Investigative Provision (Labor Court; Industrial Tribunal; National Tribunal)

(Court of Inquiry)

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Industry

Employer Dispute Mutually Settled (Agreement)

Workmen

Fails to get settled

Conciliation officer Talks fail Talks Succeed (Settlement)

The Settlement Machinery of Industrial Disputes

Failure report to appropriate government Does not refer for adjudication Refer for adjudication

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Labor Court Industrial Tribunal National Tribunal

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