Determining Representative Character of Unions - From : Mediocre to Best
By
Shantimal Jain
For Quite sometime - “check off system” has been in vogue to determine the representative character of a” union in an establishment, undertaking or in an industry.
Check-off system means a procedure whereby employer deducts union dues or subscription directly from pay of employees and remits such sums to unions. The system is neither democratic nor practical and is susceptible to manipulations and whims and caprices of the employer and its puppet union. This system ostensibly is sometime fraught with grave consequence as a meticulous hypersensitivity of an employer to eliminate a particular union might encourage him to adopt dubious means while under this system he takes to deducting unions subscription. The system has not stood the test of time.
In an epoch making verdict in the case of Food Corporation of India Staff Union v. Food Corporation of India, 1995 AIR SCW 1288, the apex court felt that the collective bargaining is the principal raison d& ....