Conciliation Skills

HR Solutions (Alwar) Raj.

DevelopingConciliation Skills

Welcome to Programme on

Anil Kaushik


Ingredients of Conciliation

Existence or apprehension of Industrial dispute

Mandatory in case of Public utility service

Discretion in other casePersuading parties to bring them to a

win-win situation


Specific unambiguous drafting of settlement

Making a report to Govt. about settlement

Object is to maintain Industrial peace

I.D. Act deals with settlement of disputes and not terms of employment


Duties & PowersFunctions neither judicial nor quasi

judicial-no courtShould satisfy himself by all means

available to him about propriety of under taking conciliation and in doing so

Has to get employer and worker together, investigate the dispute, do all such things which he thinks fit, to induce parties to arrive at fair settlement


Act without delayEmpowered to enforce attendance and

examine documents, deems necessary to inspect

Functions conciliatory-and not adjudicatory

To go from one camp to another to find out greatest common measure of agreement

Play a role of advisor and friend


To ensure neither party takes undue advantage of situation

If the parties not interested to get a settlement, not to resolve dispute in their absence

Existing or apprehended dispute must be industrial dispute (Sec. 2k)

Placing demand does not create apprehension or existing industrial dispute- unless rejected by management


Has to follow procedure provided in rules

Mandatory in public utility service if the concern is P.U. as per Sec. 2(n) and notice under Sec. 22 is given precondition-otherwise discretionary

In case of non-utility public service-discretion vested to hold conciliation or not

Raj. rules from 9 to 13 prescribes conciliation procedure


Purely administrative and are incidental to industrial adjudication

His action cannot be interfered in writ unless committed some error of law in refusing to take up conciliation


ExampleOfficer satisfied on bonafide actions of

management regarding promotions-refused to take up dispute for conciliation- order could not be interfered in High Court.

Expeditious investigation of dispute-mandatory-inducing parties to bring to settlement-directory


Empowered to call records of trade union to find out membership and majority

Not empowered to physical verification of union members

Where a union is not a party, C.O. not obliged to persuade them to participate in proceedings on disputes raised by other union

To ensure that settlement is fair and reasonable-special responsibility


Settlement has to be in prescribed form Mode and manner of signing in

prescribed waySending report to Govt.Signatures on settlement should be

those of parties to disputeNot sending signed copy of settlement

to Govt. will not invalidate the settlement


Even the absence of report will not invalidate the settlement

Agreement entered between management and majority union presented before conciliation officer in prescribed form – which is fair and reasonable, if satisfied – C.O. bound to convert it in conciliation settlement


C.O. not compelled to sign only settlement with majority union. Can go with minority union also unless dispute related to some special section of workers with a special kind of demand

Settlement once arrived can not be nullified unilaterally


Failure Report

Steps taken for ascertaining facts and circumstances relating to dispute

Steps to bring about a settlement Full statement of facts Reasons due to which settlement could not

be arrived at


Basis for Govt. to decide about Ref. Recommendation of C.O. not required. Can

not form internal part of report Even after failure report-C.O. can again

initiate proceedings if parties approach him with mood to reconcile to bring settlement

Attempts can be made till dispute is referred for adjudication

After reference- proceeding even if pending will be deemed to be concluded


Reference Important voice of Govt. in permitting

industrial disputes to seek adjudication To keep in mind the objective of industrial

peace If Ref. Made – OK. If not-Sec. 12(5) become relevant Discretion not to make Ref. Can be exercised

only If:- No existing or apprehended dispute- Inexpedient to make Ref. In circumstance of case


-Should not enter in to territory of adjudication

-If prima facie patently frivolous or belated

-Facts glaringly against the claim

-No arguable points

-Person is not a workman

- No industrial dispute existed


IllustrationRefusal to refer justified when dispute

covered by valid settlement

Substantial number of workmen signed undertaking and resumed work – dispute on the point would spark unrest again-refusal to refer justified


When a temporary workman failed to qualify for permanent recruitment in written test

Termination of service of apprentice after completion of training


High Court Interference If Govt.’s failure to record and

communicate reasons Ignoring conciliation officer’s reportNature of reasons either irrelevant or

tentamounts to adjudicationApparently malafide


Industrial Dispute

A real and substantial difference having some element of persistency and continuity till resolved and if not likely to endanger the industrial peace of undertaking or community


Can arise only when made by workman and denied by management

‘Any person’ does not cover, who was offered employment but not allowed to join

‘Terms of employment’- would include not only contractual terms and conditions but also which are understood and applied by practice or habitually or by common consent without ever being incorporated in contract


Industrial dispute of an individual nature will come in to existence only when community of interest is necessitated

Union nothing to do with the establishment of the workman, can not espouse the cause of individual workman

Disputes of workmen left unsettled, will be industrial dispute


Employer’s failure to keep his verbal promise-not a industrial dispute

Individual dispute of transfer can only

be conciliated upon if espoused by union as industrial dispute

It is sufficient for industrial dispute if before the date of reference it was made by workmen and employer rejected directly or through conciliation


Conciliation TechniquesBringing two parties to discussion table

to reach to a constructive compromise

Understanding conflict point

Assess the strengths & weakness of both the parties

Influence the balance of power


Adopting and carrying parties to win-win route of settlement

Focus on interests not on positions

Focus on problems not on person

Invent multiple solutions


Bridge the gap in perception

Collect the information

Set Objectives

Establish priority by identifying hot button of both parties


Dilute the rigidity

Don’t allow both the parties to use insulting/humiliating/bad language during conciliation

Encourage openness during discussions

Create harmonious atmosphere by using icebreaking activities


Recognise and value rights and duties of both the parties

Attempt for long term solutions

Develop a sense of mutual respect & gain


Drafting of settlement In consonance with prescribed

procedure

Scope/Time Frame/Duration

Specifically written what has been agreed upon


Short sentences

Familiar words

Concrete words

Should cover gains of both parties

Easy and correct possible interpretation


While drafting-keep in mind future possible controversies and provide solutions

Unambiguous contents & language

Legally permissible and reasonable


Thanks…

Documents

Conciliation Skills