It is debatable question that “should the management sign the
settlement with the majority union or is there any other recourse open to the
establishment”.
To answer this it can be interpreted that “in such situation
the management of concerned establishment can have three options”.
Firstly, sign the settlement with the majority union and can
call upon all the workers who have to accept the benefits of the settlement to
tender an undertaking accepting all the terms of the settlement. In this
process if the non-members like to accept the benefit they would also be
required to accept the obligations by giving undertaking.
The other course is to involve the new union also in the
process of Collecting Bargaining, and,
the third course is to seek the intervention of the
Conciliation Officer and sign the settlement in Conciliation. Once the settlement
is signed in conciliation the management will get an advantage that it will be
binding on all the workers irrespective of whether they are members of the
majority union or not and irrespective whether such workers tender any
undertaking accepting the benefits or obligations or not.
To get the supporting case law for this do write us on girishvivalkar979@gmail.com
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