Collective Bargaining and Trade Union: A Decision Imbroglio at UPSRTC

2016 ◽  
Vol 5 (2) ◽  
pp. 234-243
Author(s):  
Archana Sharma ◽  
Sachin Kumar Srivastava

Any fundamental change in structures, processes or business operations is bound to trigger reactions from stakeholders’ perception about the intention to change. These reactions need to be addressed with due consideration to the stakeholders’ interest or else may prove detrimental to all. Resolving disputes and trade unions roles are crucial in establishing peace and safeguarding the interest of employees. Trade unions initiate dialogues, organize collective actions and use the dispute machinery for resolving conflicts to bring an agreeable solution satisfying all. Collective bargaining is a major tool towards a mutual consensus and agreement through bipartite measures. Continuous efforts at arriving at a mutual agreement may fail and resorting to the third-party intervention may hold the key to arriving at an agreeable and a peaceful end to problems. This has been demonstrated in the given case. Uttar Pradesh State Road Transport Corporation (UPSRTC) is a major player in roadways transportation with very low competition from private transporters. The corporation provides comfortable and economical services to the passengers and holds a monopoly position with the private operators relying heavily on infrastructure support of the corporation. The state government decided to introduce public–private partnership (PPP) model on which UPSRTC model would work. Such a move by the government was not acceptable to the unions and the employees. Major agitations and intervention of the court forced the government to withdraw some of its decisions perceived as a threat and detrimental to the corporation.

1979 ◽  
Vol 21 (1) ◽  
pp. 35-50 ◽  
Author(s):  
David F. Smith

Industrial democracy and worker participation have become important topics for international debate, with developments taking place in many countries. Despite its former reputation for advances in the social field, little has been heard about developments in worker participation in New Zealand. The aim of the present paper is to report and assess such developments whilst placing these within the context of developments in industrial relations in that country. The strong reliance upon legal arrangements and government intervention in industrial relations matters have had a marked effect upon the development of the industrial relations system in New Zealand. Yet, despite this tradition of legalism, successive governments remain singularly reluctant to legislate in the field of worker participation. Recent initiatives by employers have been strongly unitary in nature, whilst the trade unions appear to be concentrating their efforts upon extending the scope of collective bargaining, an opportunity afforded to them due to recent changes in the law. The present Government's wish that voluntary arrangements between employers and trade unions will eventuate to cover worker participation seems less than pragmatic, since employers, unions and the Government itself differ so fundamentally upon what constitutes worker participation, and the forms it might take.


2020 ◽  
Vol 9 (2) ◽  
pp. 273-284
Author(s):  
Sonia Mehrotra ◽  
Stephen D. Risavy

The Canadian Union of Public Employees (CUPE) 3903 view the introduction of the new Ontario government’s ‘back to work’ legislation (Bill 2) as detrimental and a threat to their fundamental bargaining rights. Why is the government legislating the CUPE members back to work instead of allowing them to further negotiate with the administration of York University? If resolving issues through the collective bargaining process is not allowed, then what will happen to the relationship between the union and the university authorities? Dilemma Why did the government bring in the bill with ‘back to work’ clause? The concerned parties could have settled the issue through negotiation. Theory: Labour relations, integrative vs. distributive negotiation and third-party interventions Type of the case: Decisional and applied Protagonist: Not needed Options Negotiation, appointing mediator, adopting competitive distributive strategy or collaborative integrative strategy Discussions and Case Questions Suggest a more effective way to resolve the crisis. What are the main contentions of CUPE 3903 and the York University Administration in this negotiation? Discuss the strategies and tactics as used by CUPE 3903 and the York University Administration. Could these be optimized further? Evaluate the gap between the current strategy and the optimal one Is there any way in which a third-party mediator could craft a mutually beneficial agreement?


2014 ◽  
Vol 18 (01) ◽  
pp. 61-80 ◽  
Author(s):  
Neeraj Pandey ◽  
Anand Kumar Jaiswal

Uttar Pradesh, the most populous state of India, had plunged into a crisis due to deteriorating electricity supply and worsening law and order situation. The reason behind it was agitation by employees of Uttar Pradesh State Electricity Board (UPSEB) against the power sector reforms undertaken by the state government. As part of the reforms, the government backed unified board structure was trifurcated into separate corporate entities. The State Energy Secretary was pondering over reasons behind this impasse between UPSEB employees and the UPSEB management represented by the Uttar Pradesh Government. He had to evaluate a few available options to resolve the crisis and select the most appropriate one. This case highlights the importance of understanding change management process. It also looks at various industrial rela-tions issues to be addressed while undergoing transition, especially in an organizational setting where the Government is a majority stakeholder. It examines the reasons behind resistance to change; and external and internal factors that may lead to industrial relations problems. The case also highlights the need for communication among all stakeholders during transition in order to avoid industrial relations problems.


2005 ◽  
Vol 40 (3) ◽  
pp. 591-622 ◽  
Author(s):  
Robert Sass

This article reviews Labour's response to the Amendments, and concludes that the new amendments to The Trade Union Act indicate that the Government of the day leans more towards management's objectives than those of trade unions with regard to collective bargaining.


2022 ◽  
pp. 001955612110583
Author(s):  
Aditya P. Tripathi ◽  
Noopur Agrawal

With the outbreak of the global pandemic of COVID-19, India witnessed one of the largest reverse migrations in its entire history. Amid continuously streaming heart-rending visuals of migrant workers struggling to somehow return to their place of origin, Uttar Pradesh emerged as the recipient of huge 3.2 million migrant workers employed in the informal sector. Accepting, welcoming, helping, encouraging and offering employment to those destitute workers amid the pandemic was a difficult task for the state government. An appropriate management of this problem has made it a classic case of crisis management by a state chief minister who dares to think beyond the reflex paranoia about resource crunch so as to come up with an improvised strategy. Purpose of this article is to discuss the crisis of reverse migration amid COVID-19 and the initiatives taken by the Government of Uttar Pradesh. The article uses case study approach to analyse the problem of livelihood faced by the migrant workers and the innovative model of employment and rehabilitation envisioned and implemented by the state government. Based on secondary data, it observes positive impact of skill mapping and other key strategies of the Government of Uttar Pradesh.


Legal Studies ◽  
1982 ◽  
Vol 2 (1) ◽  
pp. 34-52
Author(s):  
Richard Kidner

For the past 75 years the Trade Disputes Act 1906 has been regarded as a statute of fundamental importance, both for its provisions and for the fact that it established that the future of labour relations in Britain was to be placed firmly on the basis of voluntary collective bargaining rather than arbitration. This Act is often regarded as an immutable foundation of principle based on well debated theory, but it would be a mistake to ascribe such grandiose origins to this particular statute, for it was the result of a combination of political pressure by the trade unions, the nascent Labour Party and the Liberal Radicals, the retreat of the government from its own Bill for political expediency, and the opposition's concern with other problems. Accordingly the Bill had a most remarkable journey through Parliament and the story is not only interesting in itself but also it illustrates many of the theoretical difficulties that face any reform of the law of trade disputes today.


2016 ◽  
Vol 38 (2) ◽  
pp. 267-285 ◽  
Author(s):  
Xiaoyi Wen

Purpose – Collective bargaining (CB) in China is perceived as inadequate, thanks to the lack of trade union independence and representation. However, CB of the sweater industry in Wenling, one of the world’s largest manufacturing centre, shows another tendency. Using Wenling as the case, the purpose of this paper is to explore whether a new form of CB is emerging in China. Design/methodology/approach – This paper uses a qualitative case study approach, and covers stakeholders, including the government, trade union, sweater association, workers and employers. Findings – In China, trade unions are constrained by corporatism and therefore cannot become the effective agents of CB. However, the increased industrial conflicts could in effect push employers to become the engine of change. This paper finds that employers endeavour to use CB as a tool to stabilise employment relations and neutralise workers resistance. Consequently, a gradual transition in labour relations system is on the way, characterised by “disorderly resistance” to “orderly compliance” in the working class. Research limitations/implications – The case industry may not be sufficient in drawing the details of CB in China, while it provides the trend of change. Originality/value – Conventional wisdom on the Chinese labour relations and CB tends to ignore the employer’s perspective. This paper partially fills in the gap by offering CB and change of employment relations from the aspect of employers.


Author(s):  
Jonathan Laurence

This book traces how governments across Western Europe have responded to the growing presence of Muslim immigrants in their countries over the past fifty years. Drawing on hundreds of in-depth interviews with government officials and religious leaders in France, Germany, Italy, the Netherlands, the United Kingdom, Morocco, and Turkey, the book challenges the widespread notion that Europe's Muslim minorities represent a threat to liberal democracy. The book documents how European governments in the 1970s and 1980s excluded Islam from domestic institutions, instead inviting foreign powers like Saudi Arabia, Algeria, and Turkey to oversee the practice of Islam among immigrants in European host societies. But since the 1990s, amid rising integration problems and fears about terrorism, governments have aggressively stepped up efforts to reach out to their Muslim communities and incorporate them into the institutional, political, and cultural fabrics of European democracy. The book places these efforts—particularly the government-led creation of Islamic councils—within a broader theoretical context and gleans insights from government interactions with groups such as trade unions and Jewish communities at previous critical junctures in European state-building. By examining how state–mosque relations in Europe are linked to the ongoing struggle for religious and political authority in the Muslim-majority world, the book sheds light on the geopolitical implications of a religious minority's transition from outsiders to citizens. This book offers a much-needed reassessment that foresees the continuing integration of Muslims into European civil society and politics in the coming decades.


2019 ◽  
Vol 118 (10) ◽  
pp. 365-372
Author(s):  
Jayanti.G ◽  
Dr. V.Selvam

India being a democratic and republic country, has witnessed the biggest indirect tax reform after much exploration, GST bill roll out on 1 April 2017.  The concept of this reform is for a unified country-wide tax reform system.  Enterprises particularly SMEs are caught in a state of instability.  Several taxes such s excise, service tax etc., have been subsumed with a single tax structure. it is the responsibilities of both centre and state government to shoulder the important responsibility to cater the needs of the people and the nation as a whole.  The main basis of income to the government is through levy of taxes.  To meet the so called socio-economic needs and economic growth, taxes are considered as a main source of revenue for the government.  As per Wikipedia “A tax is a mandatory financial charge or some other type of levy imposed upon tax payer by the government in order to fund various public expenditure”   it is said that tax payment is mandatory, failure to pay such taxes will be punishable under the law.   The Indian tax system is classified as direct and indirect tax.   The indirect taxes are levied on purchase, sale, and manufacture of goods and provision of service.  The indirect tax on goods and services increases its price, this can lead to inflationary trend.  Contribution of indirect taxes to total tax revenue is more than 50% in India, therefore, indirect tax is considered as a major source of tax revenue for the government, which in turn is one of source for GDP growth.  Though indirect tax is a major source of revenue, it had lot of hassles.  To overcome the major issues of indirect tax system the government of India subsumed most of the indirect tax which in turn gave birth to the concept called Goods and Service Tax.


2019 ◽  
Vol 118 (10) ◽  
pp. 252-271
Author(s):  
Md. Hashmathur Rehman ◽  
Dr. M. Rajkumar

The environmental situation for an organization is the environment in which an organization operates.It consists of multiple stakeholders such as governing board members, business competitors, suppliers,customers, the government, etc. They can influence the organization’s decision to adopt an innovation. The influence can ease the organization in adopting the innovation or it can block or affect negatively the organization’s decision to adopt the innovation. Dynamics of the market in which the organization operatesand business competitors will also influence the organization’s decision to adopt innovations.  Customers, Suppliers are sources who will exercise their powers and influence the organization’s decision. Governmentregulation is also equally important and will influence the organization’s decision to adopt innovation. In a nutshell, the environment will influence the organization’s decision to adopt innovations for its business operations.


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