Unfair Labour Practices in Labour Law
Unfair Labour Practices
What are Unfair Labour Practices?
Unfair Labour Practices refer to certain acts or conduct by employers or employees (including trade unions) that are unjust, illegal, or unethical in the context of industrial relations. These acts undermine the principles of collective bargaining, good faith, and mutual trust between employers and workers.
Such practices are detrimental to maintaining industrial peace and fairness in the workplace.
Types of Unfair Labour Practices
1. By Employers
Interference with workers’ rights: For example, interfering with the formation or functioning of trade unions.
Discrimination: Against workers for union membership or participation in lawful trade union activities.
Refusal to bargain: Refusing to negotiate or bargain collectively with a recognized union.
Punishment: Retaliating or victimizing workers for participating in strikes or other lawful industrial actions.
Unilateral changes: Changing terms and conditions of employment without consultation or agreement.
Intimidation: Threatening or coercing workers to prevent them from exercising their rights.
2. By Workers/Trade Unions
Coercion or intimidation: Forcing employers or other employees to accept demands.
Illegal strikes: Calling strikes without following proper procedure.
Refusal to work: Refusing to work or comply with lawful orders.
Violence: Using violence or threats to disrupt work.
Unlawful demands: Making unreasonable or illegal demands during negotiations.
Disruption: Deliberate acts to disrupt normal work operations.
Case Law Illustrations
1. Bangalore Water Supply and Sewerage Board vs. A. Rajappa (1978)
Facts: The Supreme Court discussed the scope of unfair labour practices and emphasized that both employers and employees must maintain good faith and fairness.
Held: The Court recognized unfair labour practices as acts detrimental to the collective bargaining process, highlighting the employer’s duty not to interfere with union activities and workers’ rights.
2. Bharat Forge Co. Ltd. vs. Uttam Manohar Nakate
Facts: The employer accused the union of unfair labour practices by calling an illegal strike.
Held: The Court held that calling a strike without following procedural requirements constitutes unfair labour practice by the union.
3. Hindustan Lever Ltd. vs. Their Workmen
Facts: The employer was accused of victimizing workers for union activities.
Held: The Court ruled that victimization and discrimination against union members are unfair labour practices and are prohibited.
Significance of Recognizing Unfair Labour Practices
Maintains Industrial Peace: Prevents unnecessary disputes and conflicts.
Protects Rights: Safeguards workers' right to organize and bargain collectively.
Promotes Fair Negotiations: Ensures good faith bargaining between employers and employees.
Legal Remedy: Provides a basis for courts or tribunals to intervene and restore justice.
Summary Table
| Unfair Labour Practice by Employer | Unfair Labour Practice by Workers/Trade Unions |
|---|---|
| Interfering with union formation | Illegal strikes |
| Discrimination for union activity | Intimidation/coercion |
| Refusal to bargain collectively | Refusal to work or comply |
| Victimization or punishment | Use of violence or threats |
| Unilateral change in terms | Unlawful demands |
| Intimidation or threats | Work disruption |
Conclusion
Unfair Labour Practices damage the industrial relations framework and undermine the collective bargaining process. Courts and tribunals protect against such practices by ensuring fair treatment of workers and employers alike.
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