Is the management right in insisting on ‘good conduct’ certificate
Is the management right in insisting on ‘good conduct’ certificate
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LABOR LAW
CASE –II
The employees of ABC Company started resorting to work to rule, go slow and other covert agitational methods because they (the employees) thought that the management had unilaterally revised the prices of canteen items without consulting the canteen committee. The management view was that since the recognizes union’s registration was cancelled due to non-submission return, therefore the management was not obliged to consult the employees. Consequently, the management also felt that the canteen constituted with the nominees of the then recognized union ceased to be are preventative body. He management entered into an MOU with another registered union.
The management constituted a canteen committee with the cooperation of the registered, but not recognized union. During the strike there were some disturbances and an accident in which an apprentice died. The management did not agree to pay compensation on the plea that the deceased person was not an employee of the company. This led to further unrest. The management applied to the appropriate government to allow them a lockout on the pretext of threat to company’s property and personnel. In the meantime they also insisted that unless employees sign a ‘good conduct’ certificate the workers will not be allowed to enter the factory for work. A section of the workers were willing to sign but the other refused to do so and dubbed the management as indulging in unfair labor practice.
Is the management right in insisting on ‘good conduct’ certificate
Is the management right in insisting on ‘good conduct’
Questions:
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a) Did the management resort to unfair labor Practices, Explain?
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b) Is the management correct in creating the recognition as cancelled when the union’s registration was cancelled due to some technical reasons and constituting another canteen committee and holding discussions and signing MOU with another union?
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c) Is this a case of strike or lock-out? Explain.
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d) Is the management right in insisting on ‘good conduct’ certificate? Are the workers right in protesting against their signing a ‘good conduct’ certificate as a prerequisite for entering factory premises for work?
Is the management right in insisting on ‘good conduct’
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