3.mgmt of conflicts as related to ir area, different method of resolving conflicts

8/4/2019 3.Mgmt of Conflicts as Related to IR Area, Different Method of Resolving Conflicts

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Conflict is an expression of hostility, negativeattitude, rivalry, disagreement,incompatibility, etc

Conflict arises due to limitation of resources,competition & difference in values, goals,attitude, expectations, etc

Conflict also called as Dispute


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Economic (wage, salaries, etc)

Social (low morale, corruption rising

unemployment, etc)

Political (political rivalry, unstable Govt.,etc)

Technical (loss of job due to automation)

Psychological (loss of job, half truths, etc)

Market (competition, recession, etc)

Legal (court order of closing down

factory, shifting, etc)


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Non-cooperation Argument & quarrelsome behavior-indiscipline

Hostility & irritations

Stress, strain & anxiety

Unwillingness to negotiate or participate indiscussions

Absenteeism

Go-slow tactics Demonstrations

Strikes


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Refusal to discuss or negotiate

Disciplinary issues resulting in suspension,

demotion, dismissal, etc Lay-offs

Lock-out

Termination


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An Industrial Dispute means any dispute ordifference between employers & employers orbetween employers & workmen or betweenworkmen & workmen, which is connected with the

terms & conditions of employment of any person. Dispute may be raised by workmen (union or group

of workmen)

Individual workman can raise disputes relating todismissal, discharge, retrenchment or terminationof his service.


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For Prevention a) Works Committee

b) Collective Bargaining

For Settlement a) Conciliation

b) Voluntary Arbitration

c) Adjudication


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How the disputes are raised & settled

INDUSTRY

EMPLOYER EMPLOYEEDISPUTE

MUTUALLYSETTLE(Agreement)FAIL TOSETTLE

CONCILIATIONOFFICERSUCCEEDS

(SETTLEMENT)FAILS

APPROPRIATE GOVT. ADJUDICATION

LABORCOURT

INDUSTRIALTRIBUNAL

NATIONALTRIBUNALDoes not refer

(parties are free tolockout or strike)

Awards(binding at least for 1 year)


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It provides guidelines for the workers, unionsand employers

A few important provisions of code of disciplineare:

a) Strikes and lockout cannot be declared withoutproper notice.b) The parties should not take any action without

consulting each other.c) There should be no go slow statistics or any resort to

deliberate damage to plant or property or resort toacts of violence, intimidation, coercion etc.

The code has moral sanction only and it doesnot entail any legal liability or punishment.


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The appropriate government may require the

employer to set up works committee In an establishment where 100 or more

workers are employed

It is composed of equal no. of representativesof workmen & management

Functions are to preserve peace & establishcordial relations to solve differences of

opinion on matters of common interest Decision taken carries weight but is not

conclusive & binding


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Where workers/ their representatives &

employers sit together & negotiate to resolvedisputes

The employer & employee relations should besettled down through themselves & not with theintervention of third party

Negotiation, compromise, concessions, sacrifice,etc can happen in process

As soon as compromise is reached the terms ofagreement are put into operation


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It is a continuous, dynamic process of solvingproblems, on the principles of give & take &balance of power

Objectives a) To settle disputes relating to wages & working

conditions

b) To protect the interests of workers throughcollective action

c) To resolve differences through voluntarynegotiations & arrive at a consensus

d) To avoid third party intervention


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Identification of the problem

Preparing for negotiations

Negotiation of agreement

Implementation of contract


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Unanimity among workers

Strong, independent & well organized union

Willingness to adopt Give-and-Take

approach Mutual trust & good faith

Attitude should be positive

Absence of unfair labor practices A problem solving approach

Strength of parties


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Process in which representatives ofmanagement& employees (their unions) are brought togetherbefore a third person or body of personswith aview to persuade them to arrive at some

agreement to their satisfaction & in the largerinterest of industry or community as a whole.

Government can appointa) Conciliation Officer (minor disputes)

b) Board of Conciliation (major disputes)


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CO is to investigate & promote settlement ofdisputes

His role is only advisory & mediatory

No authority to make final decision or passformal order directing the parties to act in aparticular manner

CO submits report to Govt. giving full facts &copy of settlement, or causes of failure

Conciliation proceedings are obligatory incase of public utility services


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Govt. may constitute a Board for settlement ofindustrial disputes

An Independent Chairman, equal representatives

of parties concerned as members Investigate the dispute & all matters affecting,

inducing parties to come to a fair settlement

Proceeding to be held in public

Board submits report to Govt. giving full facts &copy of settlement, or causes of failure

No power to impose a settlement on parties


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If the parties to dispute, submit a writtenagreement to the Govt., mentioning that issuescan be solved in arbitration proceedings &arbitrator is acceptable

Govt. may appoint Arbitrator Investigates the dispute & submit Arbitration

Award signed by Arbitrator

This becomes enforceable & is binding on allparties to the agreement


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Quasi-judicial body but voluntary Principles of Natural Justice & fair play to both

parties to be followed

Recommended & given place in Law by Govt.but very few dispute cases were referred

Main reasons a) Choice of suitable arbitrator acceptable to both

partiesb) Payment of arbitration fees


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If a dispute is not settled by negotiation orconciliation, if the parties do not agree to getit settled by voluntary arbitration, the Govt.may refer to follows depending on matter ofdispute

a) Labor Court

b) Industrial Tribunal

c) National Tribunal

Constituted by bothCentral & State Govt.

Constituted byCentral Govt. only


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One person only Presiding Officer Judge of High Court or

District Judge or Additional District Judge(notless than 3yrs) or in Judicial Office(not lessthan 7yrs)

Constitution of Labor Courts is foradjudication of Industrial disputes relating to

any matter specified in the second scheduleand for performing such other functionsassigned to them under the Act.


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1. The propriety or legality of an order passed by anemployer under the standing orders;

2. The application and interpretation of standingorders;

3. Discharge or dismissal of workmen includingreinstatement of, or grant of relief to workmenwrongfully dismissed;

4. Withdrawal of any customary concession orprivilege;

5. Illegality or otherwise of a strike or lock-out and6. All matters other than those specified in the Third

schedule.


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One person only Presiding Officer

Two assessors to advise the PO may beappointed

Wider jurisdiction than Labor Court


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1. Wages, including the period and mode of payment.2. Compensatory and other allowances;3. Hours of work and rest intervals;4. Leave with wages and holidays;5. Bonus, profit sharing, provident fund and gratuity.6. Shift working otherwise than in accordance with

standing orders;7. Classification by grades;8. Rules of discipline;

9. Rationalization;10. Retrenchment of workmen and closure of

establishment; and11. Any other matter that may be prescribed.


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One person(PO), may be assisted by two assessors

Constitution of national tribunal is for adjudicationof Industrial disputes, which in the opinion of the

General Government, involve questions of nationalimportance or are of such a nature that Industrialestablishments situated in more than one State arelikely to be interested in or affected by such

dispute. Deals with disputes mentioned in Sch. II or III or

any matter not specified therein


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Every investigation by these authorities isdeemed to be a judicial proceeding

They can enter premises of an establishmentto which dispute is related for the purpose of

enquiry They are empowered to determine as to who,

to what extent & to whom the cost ofproceedings before them are to be paid

Adjudication Awards are binding on theparties concerned, on their heirs, successors,on all persons employed subsequently

3.mgmt of conflicts as related to ir area, different method of resolving conflicts

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