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ConflictConcept & Essentials of a
disputeAcc. To ID Act, 1947, Sec 2(k); Industrial disputes means any disputeor difference between employers &
employers, or between employers &workmen, or between workmen &workmen, which is connected with the
employment or non employment orterms of employment or with theconditions of labor of any person.
For a dispute to become industrial
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ConflictConcept & Essentials of a
dispute1. There must be a dispute or adifference
a)
Between employers & workmen(such as demarcation disputes) and
b) Between employers (such as wage
warfare where labor is scarce) andc) Between workmen & workmen
2. It is connected with the
employment or non employment or
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ConflictConcept & Essentials of a
dispute3. A workman does not draw wagesexceeding Rs. 10,000/ month (becausebeing employed in a supervisory
capacity, he draw wages exceeding Rs.10000 per menses or exercises, eitherby the nature of the duties attached to
the office or by reason of the powervested in him, functions mainly in amanagerial nature.)
4. The relationship between the
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Interpretation of disputes bycourts
Some of the principles for judging thenature of a dispute evolved by thecourts are as follows:
1. The dispute must affect a largegroup of workmen who have acommunity of interest & the rights
of these workmen must be affectedas a class. In other words, aconsiderable section of employees
should necessarily make common
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Interpretation of disputes bycourts
3. There must be a concerted demandby the workers for redress & thegrievances becomes such that it turns
from individual complaint into ageneral complaint.
4. The parties to dispute must have
direct & substantial interest in thedispute, i.e. there must be some nexusbetween the union which exposes the
causes of the workmen & the dispute.
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Interpretation of disputes bycourts
By incorporating Section 2A in the IDAct, 1947, a right has been given toindividual workman himself to raise an
industrial dispute with regard totermination, discharge, dismissal, orretrenchment of his service, even
though no other workman or any tradeunion of workmen raises it or is a partyto the dispute.
Patterson observes: Industrial
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Classification of IndustrialDisputes
The most common practice is to makea distinction between 2 main typesof disputes relating to terms of
employment. They are:
a) Disputes that arise out of deadlocksin the negotiations for a collective
agreement, popularly known asinterest disputes, and
b) Disputes that arise from day to
day workers grievances or
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Classification of IndustrialDisputes
c) Those arising from acts ofinterference with the exercise of therights to organize, or acts commonly
known as unfair labor practices, and
d) disputes over the right of a tradeunion to represent a particular class or
category of workers for purposes ofcollective bargaining, simply referredto as recognition disputes.
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Details of classification(a) Interest Disputes:
These disputes are also called conflictsof interest or economic disputes. Theygenerally correspond to what in some
countries are called collective labordisputes.
In general they relate to the
determination of new terms &conditions of employment for thegeneral body of worker.
In most cases, the disputes originate
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Details of classification(a) Interest Disputes:
Since there are generally no mutuallybinding standards that can berealized upon to arrive at a
settlement of interest disputes,recourse must be made to bargainingpower, compromise & sometimes a
test of economic strength before theparties reach an agreed solution.
As the issues in these disputes are
compromisable they lend
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e a s o c ass ca on(b) Grievance or Right
Disputes:These disputes are also known asconflict of rights or legal disputes.
They involve individual workers onlyor a group of workers in the samegroup & correspond largely to whatin some countries are called
individual disputes. They gradually arise from day-to-day
working relations in the undertaking
usually as a protest by the worker or
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e a s o c ass ca on(b) Grievance or Right
Disputes: The grievances typically arise onsuch 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 classificationproblems, the relationship of workrules to the collective agreement &the fulfillment of obligations relating
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e a s o c ass ca on(b) Grievance or Right
Disputes: In some countries, grievances arise especially overthe interpretation & application collectiveagreements. The grievance disputes are, therefore,also called interpretation disputes.
Such grievances, if not dealt with in accordancewith a procedure that is respected by the parties,often result in embitterment of the workingrelationship & a climate of industrial strife.
There is a definite standard for settling a grievancedispute the relevant proportion of the collectiveagreement, employment contract, work rules orlaw, or custom or usage.
In many countries, labor courts or tribunals
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e a s o c ass ca on(c) Disputes over unfair
laabor practices:The most common unfair labor practices in IR areattempts by the management of an undertaking todiscriminate against workers on the ground that they aretrade union members or participate in trade union
activity. In most cases, the objects of the discriminatory
treatment are union officials or representativesemployed in the undertaking, & trade union memberswho have actively participated in the strikes.
Other unfair labor practices are generally concernedwith interference, resistant or coercing of employerswhen they exercise their right to organize, join orassist a union, establishment of employer sponsored
unions, refusal to bargain collectively in good faith,with the reco nized unions; recruitin new em lo ers
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e a s o c ass ca on(c) Disputes over unfair
labor practices: These unfair labor practices are alsoknown in various countries as tradeunions victimization. In many
countries, a special procedure existsunder the law for the prevention ofsuch 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
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Details of classification(2) Recognition Disputes
This type of dispute arises when themngmnt of the undertaking oremployers org refuses to recognize a
trade union for the purpose ofcollective bargaining.
Issues in recognition disputes differ
acc. To the cause which has led themgmt to refuse recognition.
It may be that the mgmt dislikes
trade unions & will not have anything
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Details of classification(2) Recognition Disputes
In such case, the resolution of theissue may depend on the existenceor non existence of rules for
determining the representativecharacter of a trade union for thepurpose of collective bargaining.
Such rules need not necessarily belaid down by law; they may beconventional or derived from
prevailing practices in the country.
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Impact of ID
The consequences of ID are very far reaching for they disturb theeconomic, social & political life of a
country.
The workers, the employers, theconsumers, 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 hugewastage of mandays & dislocation inthe production work. A strike in a
public utility service disorganizespublic life & throws the economicsout 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
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Impact of ID
2) The employers suffer heavy losses ,not only through stoppages ofproduction , reduction in sales & loss
of markets but also in the form of hugeexpenditure incurred on crushingstrikes, engaging strike breakers &
blacklegs maintaining a police force &guards;
A part from these losses, the loss of
mental peace, respect & status in
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Impact of ID
3) The public/society, too, is notspared, industrial unrest creates law &order problems, necessitating
increased vigilance on the part of thestate.
Further, even disputes are settled,
strife & bitterness continue to linger,endangering social relations.
4) Industrial disputes also affect the
national economy
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Impact of ID
On the 1 hand, it impoverishes thepeople actually involved in thestoppage, 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 orservice largely used in the conduct ofother industries, it lessens the supply
to them of raw material or equipment