Methods to Resolving Industrial Disputes

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Methods adopted by Trade Union in resolving disputes with employer Project Assignment
4th Semester, 5 year B.A., LL.B. (hons)
Submitted
By
KALYANI.BATTULA
Hall Ticket No.11/LLB/10
DAMODARAM SANJEEVAYYA NATIONAL LAW UNIVERSITY
April 2013

ACKNOWLEDGMENT

This is to state that, I KALYANI.BATTULA of Roll no.201110 completed my semester (fourth) project work for LABOUR LAW I on the topic METHODS ADOPTED BY TRADE UNION IN RESOLVING DISPUTE WITH EMPLOYER.

I hereby thank MR. R BHARATH KUMAR for supporting me throughout the work and my friends and my parents for extending their support.

CONTENTS
1. List of Cases ……………………………………… 04 2. List of statutes ……………………………………. 04 3. List of abbreviations …………………………….. 04 4. Abstract ………………………………………….. 05 5. Research Methodology ………………………….. 06 6. Introduction ……………………………………… 07 7. Definition of dispute …………………………….. 08 8. Machinery for settlement of disputes …………… 09 9. Collective Bargaining …………………………… 09 10. Mediation and Conciliation ……………………… 16 11. Investigation ……………………………………… 17 12. Arbitration ………………………………………… 18 13. Adjudication ……………………………………… 21 14. Conclusion ………………………………………… 24 15. Bibliography ………………………………………. 25

LIST OF CASES
1. Life insurance corporation of India vs. D.J. bahadur, 1980 Lab IC 1218, 1228(SC) 2. Karnal Leather Karamchari Sanghathan vs. Liberty Footwear Co, 1990 Lab IC 301, 307 (SC) 3. Emporium Capwell Co. v. Western Addition Community Organization, 420 US 50 (1975) 4. Auciello Iron Works, Inc. v. NLRB, 517 U.S. 781 (1996) 5. First National Maintenance Corp. v. NLRB, 452 U.S. 666 (1981).  6. H. K. Porter Co. v. NLRB, 397 U.S. 99 (1970)

LIST OF STATUTES
1. Trade Union and Labour Relations (Consolidation) Act 1992 2. Industrial Dispute Act, 1947
3. Bombay Industrial Relations Act, 1946
ABBREVATIONS
1. ADR- Alternative Dispute Resolution
2. CBA – Collective Bargaining Agreement
3. SC – Supreme Court
4. NLRA - National Labor Relations Act
5. FMCS - Federal Mediation and Conciliation Service
6. NLRB – National Labor Relations Board
7. FNM - First National Maintenance Corporation
8. ILO – International Labour Organizations

ABSTRACT
This project topic is on Methods adopted by Trade Union in resolving disputes with Employer. The study investigated the role of methods adopted by trade union in resolving conflicts in organizations with a view to solving the current phenomena of conflicts being experienced in organizations and making them more effective, efficient and conductive for the development of the organization.

The purpose of this study also ascertains the relevance of the methods as an alternative approach to conflict resolution among industrial workers in an organization. The conflict resolution method described with the help of employees, employers, supervisors, union members and representatives, business owners and managers and board members. The procedures can work whether your organization is large or small, for profit or not for profit.

Where there is a union and collective agreement, the method discussed here complements, not replaces, traditional collective bargaining or grievance procedure. Within unionized environments, the approach presented can be used as a strategy to settle disputes before using meditation and arbitration. Some existing collective agreements and letters of agreement between unions and employers already provide for early dispute resolution through the issue-based problem-solving method described in this project.

This paper mainly focuses on the different methods for resolving the disputes. The different methods for resolving the disputes are collective bargaining, conciliation, arbitration, mediation, adjudication. This project focuses very clearly about these methods and explains with clear explanation and with the related case laws.

Research...
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