We Bankers is committed to devote efforts for bringing reforms and revolutionary changes in the system Trade Unions in Banking Industry operate and their style of functioning with a view to strengthen the trade union movement. It has been noticed and observed that it is because of ignorance on the part of bankers with regard to their rights and powers as Members of the Union that a group of 10-15 persons has become so powerful in the name of UFBU that these persons think of them as destiny makers of bankers. With a view to create awareness amongst bankers of knowing the entire system under which unions are operating as also knowing their powers and rights, we have decided to concentrate on imparting knowledge to bankers.
What is Trade Union?
A trade union is an organization of workers who have come together to achieve common goals such as protecting the integrity of its trade, achieving higher pay and benefits such as health care and retirement, increasing the number of employees an employer assigns to complete the work, safety standards, and better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts (collective bargaining) with employers. The most common purpose of these associations or unions is "maintaining or improving the conditions of their employment". This may include the negotiation of wages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies.
Which Law Governs the Trade Unions in India?
Broadly speaking there are two Acts which govern trade unions in India. While Trade Union Act, 1926 contains provisions with regard to the grievance of their members and provides machinery for resolution registration of TRADE Unions and in certain respects to define the law relating to registered Trade Unions; it’s the Industrial Disputes Act, 1947 which contains rights and powers of the Trade Unions in ventilating the grievances of their members and provides machinery for resolution of disputes between employers and their workers and between workmen and workmen.
System under which Trade Unions in Banks operate:
Bankwise Unions
(1) When you join banking services, trade union workers provide you a form to fill which contains name of the Union as also Account of the Union in which fixed monthly membership subscription from your salary is to be credited. Legally and for all practical purposes you are member of the union mentioned in the membership form which you filled and handed over to union workers. There are several unions in banking industry. So there may be more than one union at your branch or workplace but you will be regarded as member of that union in whose favor you have given authority by filling up the form.
(2) Generally, every union has branch level units comprising members of branch unit and the leader elected by these members is known as Branch Secretary or Branch Delegate.
(3) If bank is bigger, there is generally a city or district level unit which is elected by either branch delegates/secretaries or by all the members of the union in general body of district level unit.
(4) Likewise, Circle, Region, Zone or State Level Units function and their office bearers are elected in General Body Meetings of Members either directly or through delegates.
(5) These State Level Unions are mostly registered under the Trade Unions Act, 1926 and are governed by the rules made there in. Thus, legally they have independent and separate entity and are governed by the Constitution with which they are registered with Registrar of Trade Unions.
(6) Then there is Federal Bank Wise Union at apex Bank Level. Its representatives are generally elected through delegates elected by state level unions. These Bank wise Unions are also registered unions registered under the Trade Unions Act, 1926. Thus these too have distinct and separate entity. Though they provide affiliation to state level units yet they can’t force their affiliated state level units to follow their decision. State Level Units are under compulsion and obligation to discuss instructions of All India Bank-wise Federations in their executive/general body meeting. They may follow the instructions and may not, it all depends on decision of their executive/general body.
So far we have given knowledge of frame work under which Bank wise unions operate in banks. Now let us concentrate on various federal level units of Unions.
District Level Federal Unit:
It is the Unit which comprises representatives from various district level unions of all banks in which a particular union is having its presence. Its representatives are elected through representatives/delegates of bank-wise unions. Their main functions is to co-ordinate and carry out programmes of All India Federal Unions or else to help, guide and assist bank-wise district units as and when needed. These units are not generally registered.
State Level Federation:
State Level Federations work on the same pattern District Level Federal Units functions. These are generally registered under Trade Unions Act, 1926 and therefore, they have independent and separate units. They co-ordinate the working of state level bank-wise unions and their Office Bearers are elected through representative/delegate from State Level Bank-wise Unions. Bank-wise state level unions are affiliated with it. U. P. Bank Employees Union, U. P. Bank Employees Congress, National Organization of Bank Workers State Unit, Bank Employees Federation of India State Units, Indian National Bank Employees Federation State Units are examples of Sate Level Federation.
All India Federation:
This is the supreme body in the hierarchy of Bank Unions. These are also generally registered under the Trade Unions Act, 1926. Thus, their entity is also distinct and separate. Bank-wise Federal Unions are affiliated to it. Its Office Bearers are elected by delegates of All India Bank-wise Unions. All India Bank Employees Association (AIBEA), National Confederation of Bank Employees (NCBE), Bank Employees Federation of India (BEFI), National Organization of Bank Workers (NOBW) and Indian National Bank Employees Federation (INBEF) are major All India Industry Level Federations in Banks.
Country Level Federation
These Federations operate on country level and provide affiliations to Industry Level Federations. Bhartiya Mazdoor Sangh (BMS), Indian National Trade Union Congress (INTUC), All India Trade Union Congress (AITUC), Centre of Indian Trade Unions (CITU) are examples of Country Level Federations which are directly or indirectly having their affiliated Federations in Banks.
United Forum of Bank Unions:
What type of organization United Forum of Bank Unions is can only be defined by top leaders of the Unions. It is not registered under trade unions act. None of the All India Industry Level Unions are affiliated to it. It is being called as Umbrella Organization of Major 9 unions of Banking Industry. No Industry Level Union refers UFBU in the Annual Return which are filed before the Registrar Of Trade Unions.
Not only this, when settlement is arrived leaders don’t sign it as representatives of United Forum of Bank Unions rather they sign the settlement as representative of Industry Level Federal Unions. Perhaps idea of establishment of UFBU would have been to create unity at the industry level between the industry level unions which differ with each other ideologically and politically and to sort out differences by sitting together and taking uniform decisions on matters in which bank employees have community of interest.
UFBU does not operate at individual bank level or branch level. However experience shows that objective of UFBU is entirely different. Constituent Unions of UFBU show difference and disagreement outside UFBU in their Industry Level and Bank Level Meetings but they appear to be completely united when they sit together. This can be best understood from the latest developments. AIBOC which is the largest constituent of UFBU decided in its recently held All India Working Committee/Executive Committee Meeting that it is not in favor of one day strike and would inform and communicate UFBU to observe two days strike in the first week of November.
Similarly All India Working/Executive Meeting of NOBW held at Mumbai decided that it is opposed to one day strike call and is in favor of longer duration strikes including indefinite strike. However, when meeting of UFBU took place at Banglore today i.e. 13th October 2014 decision of one day strike on 12th November has been taken against the sentiments/decisions of AIBOC and NOBW and all these unions have communicated this decision through identical SMS communication.
From the above discussions, we can derive following conclusions:
· That United Forum of Bank Unions commands no legal or moral rights over the industry level unions because neither UFBU is a registered body having its bylaws nor industry level federations are affiliated to it. Even if it can be assumed for argument sake that UFBU is voluntary organization of 9 Unions, it can’t be denied that decisions of United Forum of Bank Unions are not binding on industry level federation. In order to acquire binding force, it is necessary to discuss the decision of UFBU in national working Committee/Executive Committee of the Industry Level Federations. If no such concurrence or approval of National Executive is taken then carrying out the direction/decision is illegal being in utter violation of constitution of industry level federations.
· That Bank-wise Federal Unions are having separate and distinct legal entity having been registered independently. Thus decisions of industry level federations are not legally binding on them unless and until these are discussed in the All India Executive Meeting of Bank-wise Unions and decisions of Industry Level Federation are passed in the meeting .
· Similarly State Level Bank-wise Unions are having separate and distinct legal entity as they too have been registered as independent unions under Trade Unions Act. Thus, decision of Country Level Federation, Industry Level Federation or Bank Level Federation is not legally binding on them unless and until such decision is discussed in their executive meeting and is approved and passed by the executive.
· Model Constitution of all the Unions which are registered under Trade Unions Act, 1926 provides and contains provisions on Strikes. It is mandatory that decision to go on Strike must be taken in the general body meeting of the registered union and must be decided through secret ballot by a majority of 3/4th members present in general meeting.
Thus, as member of the Union your power is supreme. If you use your rights as member of the Union in a wise and prudent manner you can bring about reforms in the working of the union and you can initiate the revolutionary changes in the style of working of the Unions. How you can do this?
We will answer this basic and most important question in our next issue. Till then we invite comments, criticism from trade union workers and bankers on the above discussion.
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