LRA collective conciliation Collective conciliation is a voluntary process where the LRA conciliators attempt to help employers and employees normally via trade unions discuss their differences and reach mutually acceptable settlements of their collective disputes. In accepting such arbitrations the Agency must be satisfied that any negotiating procedures have been exhausted or are unlikely to resolve the issue, and that the dispute cannot be settled by conciliation.
This service is provided to employers and unions and, in exceptional circumstances, to individual employees. Procedural arbitrations - these are where national or sectoral negotiating procedures provide for arbitration as the final stage in the procedures.
Printer-friendly version. LRA collective conciliation. Also on this site. Work effectively with trade unions. Working with non-union representatives. Inform and consult your employees. Developed with:. However, you will be protected against being dismissed for taking industrial action provided your union follows the right procedure when organising it.
Industrial action should only be taken if it's not possible to resolve a dispute by other means, as it can be costly and damaging to both sides. There are likely to be formal arrangements for resolving disputes which usually involve your union. Sometimes it may be sensible to bring in outside help.
The Labour Relations Agency LRA can help employers and employee representatives to resolve disputes in a number of different ways.
Your trade union is not allowed to ask any of its members to take part, or continue taking part, in industrial action unless it has held a 'properly conducted secret ballot'. A ballot is the name given to the process of voting. The trade union can only call on members to take industrial action where the majority of those who voted, voted 'yes' to taking action. If there is majority support, the action must begin within four weeks of the ballot or eight if it's agreed between union and employer.
If you're not in a trade union, then the provisions relating to secret ballots do not apply. You should get specialist advice as to what rules apply to you. Industrial action ballots need to be carried out correctly properly conducted. An industrial action ballot is properly conducted if:. The voting paper must also ask those members to answer 'yes' or 'no' to whether they are prepared to take part in either:. The Code of Practice on industrial action ballots and notice to employers sets out all the rules on industrial action ballots.
A properly conducted ballot gives you the choice to take part in or continue with industrial action. You have the right to apply for a court order if your trade union asks you to take action without one. You are advised to take legal advice before applying to the court. The court might be prepared to grant a temporary injunction against the trade union if the court cannot hear your case straight away.
A temporary injunction forbids the trade union from organising the industrial action you are complaining about until the case has been heard.
If the court is satisfied that no ballot was held, or was not conducted properly, it may make an order against the trade union. The order can prevent the trade union from organising industrial action or stop the industrial action. If the trade union does not do what the order requires, you have the right to apply to the court to ask for the trade union to be declared in contempt of court. Sometimes, trade unions ballot their members about ending industrial action after it has begun, or about offers made by the employer to end the dispute in question.
Those ballots are not a statutory requirement, and are for trade unions to decide whether to arrange or not, in-line with their rules. Trade unions sometimes hold 'consultative' or ' indicative' ballots asking members whether they might be prepared to take industrial action about a particular issue.
Trade unions are free to hold these ballots in-line with their rules. However, the trade union will need to hold a further legal ballot if they wish to proceed with any industrial action. If you take industrial action, you will probably be in breach of your employment contract and your employer:. Taking industrial action does not usually break your continuous employment.
However, the days you took industrial action on will not usually count towards your total length of service with your employer. This means that your periods of employment both before and after you took industrial action will normally count towards your total length of service. Section 12 of the Act provides the duties of conciliation officer wherein the conciliation officer is required to hold conciliation proceedings in case of any industrial dispute or where the dispute relates to a public utility service and a notice under section Other duties include investigation of disputes, appropriate steps to settle the dispute, submission of reports to appropriate government, etc.
Similarly, a board of conciliation constituted under Section 5 of the Act may also be referred for settlement of the dispute. The Board of Conciliation is another authority recognized under Industrial Disputes Act, to promote the settlement of industrial disputes.
Duties of Board are similar to the duties of conciliation officer like to take necessary steps for settlement of the dispute, submission of reports and memorandum of settlement to appropriate Government within 2 months.
In case of no settlement, the Board must submit the full report of steps taken by it while working for the settlement. The report shall be in writing and signed by all the members of the Board. Industrial disputes can be resolved by way of adjudication i. The appropriate government may refer a dispute to adjudication depending on the failure of conciliation proceedings.
Section 10 of the Industrial Disputes Act, , provides for reference of a dispute to the court of inquiry or labour court or industrial tribunal.
The decision of a court of inquiry or labour court or tribunals is binding on both the parties. The Act also provides for rules regarding the composition and powers of the court of inquiry, labour courts and tribunals. Section 10 of the Act empowers the appropriate government to refer any industrial dispute for adjudication to Labour court or Tribunal in case:. The appropriate government is satisfied that such dispute must be referred to the labour court or industrial tribunal. The appropriate government may refer the dispute to the Labour Court if such dispute appears to be connected with any of the matters specified in the Second Schedule.
The appropriate government may refer the dispute to Industrial Tribunal if such dispute appears to be connected with any of the matters specified in the Second Schedule or the Third Schedule. Where the dispute is related to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate government may refer the same to Labour Court. The parties to an industrial dispute may apply jointly or separately, for a reference of the dispute to Board or Labor Court or Tribunal.
If the appropriate government is satisfied that the persons applying represent the majority of each party, it shall make the reference accordingly. The reference must state the time period within which the refereed authority need to submit the award on such dispute. If the Central Government is of the opinion that any industrial dispute involves question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be affected by such dispute and that the dispute should be adjudicated by a National Tribunal, then the Central Government may whether or not it is the appropriate government in relation to that dispute refer the dispute or any matter connected with such dispute to a National Tribunal established under Section 7B of the Act for adjudication.
The parties to an industrial dispute may also apply to refer the dispute to the National Tribunal. If the appropriate government is satisfied then the persons applying represents the majority of each party, it shall make the reference accordingly. The Tribunal must submit the award on such dispute within the prescribed time period. Section 11 of the Act provides the procedure and powers of conciliation officers, Board, courts and Tribunals and National Tribunals wherein they may take any step or follow any procedure as necessary for the settlement of disputes.
The Conciliation officer may enter the industrial premises for inspection after reasonable notice. The Board, courts and Tribunals and National Tribunals have similar power as that of Civil Court and therefore, require the attendance of any person, compel the production of documents, examine witnesses or take necessary steps for inquiry and investigation.
Award is the decision given by the arbitrator, Labour Court or Industrial Tribunal. It resembles the judgment of a Court whereas settlement is at as a result of conciliation between the parties to the settlement. Section 18 of the Industrial Dispute Act provides that the awards and settlements are binding on the following persons -. General Legal.
0コメント