Trade Unions are the group's set-up with the aim of trying to create fairness and job security in a workplace. A trade union is an organization of workers who have banded together to achieve common goals in key areas such as wages, hours, and working conditions.

Basically a trade union bargains with the employer on behalf of union members and negotiates with employers. Freedom of association has been the corner stone of society. This freedom finds its expression in a democratic form of government. Trade unionism has been a movement launched against the concentration of economic power in the hands of a few individuals of society and for the purpose of promoting the welfare of working class.

Trade union movement is not confined to the premises of one nation or country but it has widened to the international field as well. It may be desirable to mention that besides trade unions in specific countries, there is one international organization of working class known as International Labor Organization (ILO) for promoting labor welfare.

History of Trade Union Movement:

Modern trade unionism is a product of conditions created by industrial revolution. The industrial revolution in Great Britain and later on in other countries brought about a sudden and drastic change in the economic sphere. These changes were so sudden that it was difficult to bring about a complete social, economic and political adjustment.[1]

The factory system of production completely tore the relationship between the capitalist and the labor class without replacing it with a new one. The new economic order that was created was a challenge, which workers sought to meet through the formation of associations known as trade unions to defend their living and working conditions.

Trade Unions Act, 1926

The object of Trade Unions Act, 1926 is to provide for registration of Trade unions and to define law relating to registered trade unions in certain aspects. In the year 1925 the Government of India, after consulting the State Governments drew up a Bill providing for the registration of trade unions and introduced the same in the Legislative Assembly on the 1st August,1925. The Indian Trade Union Act was passed in 1926and came into force on the 1st June,1927.

Although two amending Acts were passed in 1928 and 1942, no major changes were introduced in the Act till 1947. In 1947, an amending Acct was passed which provided for compulsory recognition of the representative Unions by the employers, and listed certain practices on the part of recognized Unions. These provisions of the amended Act, however, have not been brought into force.

History of Trade Union Movement in India

The first cotton mill in India was established in 1951 in Bombay and the first jute mill in 1855 in Bengal. This was the beginning of the modern factory system in India. After 1851 and 1855, the number of factories began to increase both in Bombay and Bengal. Prof. S. N. Dhyani has observed that the year 1875 is landmark in the history of trade union Movement. For the first time, in India factory workers united together for securing better working conditions in the factories.[2]

Definition
Section 2(h) of the Trade Union Act,1926 has define a trade union as:
"Any combination, whether temporary or permanent, former primarily for the purpose of regulating the relation between workman and workmen or between employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.

Thus, technically, there can be 'union' of employers also, though, almost universally, the term 'trade union' is associated with union of workmen or employees.

Registration Of Trade Unions:

Registration of a trade union is not compulsory but is desirable since a registered trade union enjoys certain rights and privileges under the Act. Minimum seven workers of an establishment (or seven employers) can form a trade union and apply to the Registrar for it registration.

The application for registration should be in the prescribed form and accompanied by the prescribed fee, a copy of the rules of the union signed by at least 7 members, and a statement containing:

1. The names, addresses, and occupations of the members making the application;
2. The name of the trade union and the addresses of its head office;
3. The titles, names, ages, addresses, and occupations of its office bearers.

If the union has been in existence for more than a year, then a statement of its assets and liabilities in the prescribed form should be submitted along with the application.
The registrar may call for further information for satisfying himself that the application is complete and is in accordance with the provisions.[3]

Legal Status Of A Registered Trade Union:

• A registered trade union is a body corporate with perpetual succession and a common seal.
• It can acquire, hold, sell, or transfer any movable or immovable property and can be a party to contracts.
• It can sue and be sued in its own name.
• No civil suit or other legal proceeding can be initiated against a registered trade union in respect of any act done in furtherance of a trade dispute under certain conditions.
• No agreement between the members of a registered trade union shall be void or voidable merely on the ground that any of its objects is in restraint of trade.

Registration does not mean recognition:

Registration and recognition of Union by an employer are independent issues. Registration of Trade Union with Registrar has nothing to do with its recognition in a particular factory/company. Recognition of Trade Union is generally a matter of agreement between employer and trade union. In States like Maharashtra and Madhya Pradesh, there are specific legal provisions for recognition of a trade union.

Transformation Of The Trade Unions' Act, 1926

The history of trade union movement indicates that the trade union movement in India had not to face the onslaught of legislation as in England. In Great Britain, trade unions were regarded against the common law, and were also looked down as criminal conspiracies.

Recognition Of A Trade Union

Introduction:
The need for recognition of trade unions by employers was felt by the working class to ensure that appropriate modes of collective bargaining took place and that the agreements, which were collectively reached, were mutually observed. It was considered that recognition of trade unions was a step towards securing reasonable levels of pay and working conditions.

This in turn will be achieved if workers stood united in representing their demands through a trade union, which is adequately recognized.It was the late 1990's that it was realized that trade unions have becomemassive bureaucratic bodies with interests and agendas of those who comprise its membership. However, there is a growing debate as to the extent to which they represent and pursue the interests of their members.

It is often argued that this is slight and coincidental. There are elements in the discussion, such as the argument about whether it is acceptable to require a level of support from among the whole of a workforce, in order to be recognized - an idea with history and resonance, which need to be debated thoroughly.

Trade union recognition works as much in the interests of the employer as it does in the interest of the worker. The recognition of a trade union has several repercussions in defending people on disciplinary charges, accompanying members in meetings with managers and negotiating local conditions of service.

After the passing of the Trade Unions Act, 1926, it may be observed that from criminal and illegal associations trade unions have now become legalized and recognized institutions, from institutions which were only very small bodies they have now become gigantic associations, from institutions that were primarily interested in the advancement of the cause of their own membership they have now become institutions which are interested in the social, cultural and political development of the country. This was a remarkable process.[5]

Recommendations of the Royal Commission on Labor
Indian Trade Unions (Amendment) Act of 1947 remained only on paper.

Recommendations by the National Labor Commission, 1969
The Commission has, inter alia, strongly recommended that:

1. Trade union registration be made compulsory;
2. The registrar must be time-bound to decide the issue of registration;
3. Effective measures must be taken for cancellation if the unions do not comply with conditions regarding filing of returns or membership;
4. Trade union recognition by the employers be made compulsory by Central legislation as specified undertakings;
5. Such recognized unions must be given statutorily exclusive rights and facilities like the right of sole representation, entering into collective bargaining agreements, holding discussions and negotiations, inspection, check-off etc;
6. The minority unions must also be allowed to represent workers in redressal of individual grievances like dismissal, discharge etc. The suggested measures are likely to promote the growth of healthy and strong trade unionism and eliminate inter-union rivalry to some extent. Compulsory recognition of one union for one undertaking will make the unions effective instruments of collective action and give them requisite bargaining equality.

Case Analysis Of Regulation Of The Trade Union Law In India:

The General Secretary, Rourkela Sramik Sangh vs. Rourkela Mazdoor Sabha and others[6], is a relevant case on the point. In this case Rourkela Sramik Sangh had addressed a letter on 09 October 1989 to the Implementation and Evaluation Officer-cum-Labour Commissioner, Orissa, Cuttack intimating him that as per the Code of Discipline it had called upon the Rourkela Steel Plant to recognise it as a sale bargaining agent in the plant. Receiving no respons, thee appellant had further requested the labour commissioner to pass orders for immediate verification of the membership of all trade unions operating in the said plant and to recommend for recognition, the Union having majority of the membership.

In pursuance of the same, the deputy labour commissioner passed an order on 14 December 1989 calling upon the different trade unions to produce the necessary records within ten days of the receipt of the notice.

These orders passed by the labour commissioner and deputy labour commissioner were challenged by the first respondent-Rourkela Mazdoor Sabha which is a rival union in the plant by way of a writ petition in the High Court of Orissa.
It was observed by the Supreme Court that the High Court had erred in allowing a writ petition filed by the first respondent and dismissing the appellant's writ petition.

The decision of the high court was set aside and the deputy labour commissioner was directed to complete the process of verification of membership and the labour commissioner to complete the proceedings of recognition as expeditiously as possible and preferably within four months from the receipt of this decision. Thus the appeal was allowed.

In Automobile Products of India Employees' Union vs. Association of Engineering Workers,[7]where the industrial court issued order granting recognition under the aforementioned enactment to the appellant-union by following the method of ballot, the Supreme Court observed that the court ignored in particular the mandatory provisions of ss. 10, 11, 12, 14 and 19.

The consent of the parties to follow a procedure, which is against the mandatory provisions of the Act, may not cure the illegality. The recognition or de recognition of a union under the Act is not a matter which concerns only the contesting unions or its members. It is a matter of utmost importance to the interest of all the workmen in the undertaking concerned and to the industry and society in general. No union is entitled to be registered as a recognized union under the Act merely because it satisfies the membership qualification.

The industrial court is forbidden from granting recognition to a union whatever its membership, if the court is satisfied that it is disqualified for reasons mentioned in s. 12, or does not satisfy conditions mentioned in s. 19. The court observed that the order of the Industrial Court granting recognition by following the method of ballot is prima facie illegal being in breach of the provisions of the Act.


In Association of Engineering Workers vs. Dock Yard Labour Union and Others[8], it has been observed by the Supreme Court that the Maharashtra Recognition of Trade Union and Prevention of Unfair Labor Practices Act, 1971, s. 11 provides for making an application for recognition of a union.

The plain language of this provision makes crystal clear that the requirement for recognition is that the union must have for a period of six months immediately preceding the making of an application, a number of not less than 30 per cent of the total number of employees employed in the said undertaking. Where the industrial court is satisfied that the conditions requisite for registration specified in s. 11 are satisfied then the industrial court has to grant recognition to the union and issue a certificate in that behalf in the prescribed form.

In Association of Chemical Workers vs. S. D. Rane and others[9], where the appeal by special leave arose from the order of the Division Bench of the Bombay High Court. The appellant is a rival trade union under M/s. Chemicals and Fibres of India Ltd. The industrial court in the order had pointed out that the total employees on 15 June 1981 were 811 and the respondent-union had a strength of 448 as against rival union having strength of 241.
  Thus, it was observed to be recognised union.In International Airport Authority of Indian Workers Union vs. International Airports Authority of India and others[10], where a dispute arose between two rival unions, one International Airports Authority of Indian Workers Union and the other International Air port Authority Employees Union and reached this Court routing through High Court for recognition as majority union.

One union did not participate in the elections on ground of seeking recognition in court. It was observed by the Supreme Court that in the circumstances of the case it is just and proper to hold fresh elections to determine the majority character of the union which may be recognised by the International Airport Authority of India.

In D. K. Changani and others vs. Nitya Ranjan Mukherjee and others[11], where appeal by special leave arose from the order of the Calcutta High Court. The claims for recognition of rival union Geological Survey of India Employees' Association were considered. After making reference of the aforementioned rules and due consideration the Supreme Court observed that if there are more than one rival union or the service employees, the Government of India had evolved a policy as to how the service Associations require to be recognized by the appropriate authority must represent the interest of the members or the respective unions.
It would be open to the appropriate union to approach the government in light of the above rules and seek recognition in accordance with law to avoid any future litigation in this behalf. The appeal was accordingly disposed of.

In Food Corporation of India Workers Union vs. Food Corporation of India and Another,[12] the Supreme Court observed that it is the appellant-union who was a party in earlier proceedings which resulted in the decision of the Supreme Court in Workmen vs. Food Corporation of India[13], the appellant claimed to be a recognised trade union.

The first respondent-management, stated that the appellant was a recognised Union till 1984 and not thereafter, since no recognition was given to the union dealing with contract labour. It is so stated in the addidonal affidavit filed by the first respondent dated 17 July 1995. The appellant in reply dated 18 July 1995 asserted that it is the only relevant trade union, representing the handling, loading-unloading mazdoors; contract labour, direct payment or departmental employees employed by first respondent in the whole of India.

The appellant has been representing, the abovementioned workers for more than three decades. It also appears from the papers filed by the appellant that at various stages negotiations carried on between the appellant-union and the respondent. So it may not be said that the petitioner is not a valid or recognized trade union.

Rights of Trade Unions in India:
The trade union rights in our country are found scattered in various laws, voluntary measures like the Code of Discipline and the constitutional provisions under the Constitution of India, Art. 19.

These trade union rights may be divided into the following categories:

• Right of freedom of speech and expression which includes right of picketing and demonstrations;
• Right regarding the formation and the registration of the trade union;
• Right regarding the recognition of the trade union by the employers;
• Right regarding collective bargaining and collective actions;
• Right regarding conduct and functioning of the trade union; and
• Miscellaneous rights.

Right to form a Trade Union - A Constitutional Right of citizens of India:
The right to form and continue[14] a trade union is a fundamental right guaranteed under the Constitution of India, art. 19(1)(c), which may only be subjected to reasonable restrictions in the public interest as provided by art. 19(1)(6) of the Constitution[15].

Provision is also made in the Indian Trade Unions Act, 1926 for providing them immunities from criminal prosecution in certain circumstances, which further ensure the safe conduct of the trade unions. Under the various laws, the trade unions are required to get themselves registered for certain purposes. Every trade union is required to register itself under the Trade Unions Act in order to operate as a trade union.

Recognition of Trade Unions by Employers:
After the registration of the trade union, the question of its recognition by the employer comes to the forefront in as much as if it is recognised by the employer for the purpose of collective bargaining, then it will have certain privileges and an opportunity to fulfill its role. There is no provision in the Indian Trade Unions Act or Industrial Disputes Act, 1947, the only two central enactments in this respect in the country regarding recognition of the trade union by employers.

No union registered or otherwise may lay claim to recognition by the management for participation in negotiations as a matter of a legal right. However it may not be denied that fair play requires the management to consider grant of recognition when a body of persons legitimately expects to be affected[16]. This right of recognition has to be secured by the trade unions by raising an industrial dispute.

The Code of Discipline regulates this aspect, though not on a statutory level. The National Commission on Labour has recommended such a statutory right for unions. Non-recognition of a trade union for collective bargaining constitutes an unfair labour practice. Provisions has however been made in the State of Maharashtra by Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labor Practices Act, 1971

• An Act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights, and obligations; to confer certain powers on un recognized unions;
• to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs;
• To define and provide for the prevention of certain unfair labor practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices;
• And to provide for matters connected with the purposes aforesaid. Whereas, by Government Resolution, Industries and Labor Department, No. IDA. 1367-LAB-II, dated the 14th February 1968.

Definition of Recognition:
A union must be recognized before it may effectively represent any employees. Once a union is recognized it serves as the bargaining agent for the workers in a particular bargaining unit. An employee may not circumvent the union, because recognition entails willingness 'to negotiate with a view to striking a bargain and this involves a positive mental decision.[17]

Need for recognition:
Recognition of trade union is the backbone of collective bargaining. It has been debated time and again. But inspite of the government stated policy to encourage trade unions, there is no enforced central legislation on this subject. There are however voluntary code of discipline and legislations in some states.

Definition of Collective bargaining as the 'performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment'.
Absence of any central legislation, management in several states have refused to recognise a trade union mainly on five grounds:

1. Most of the office bearers of the union were outsiders,
2. and sometimes, those disapproved by management, particularly politicians and ex-employees;
3. The union consisted of only a small number of employees;
4. There were many rival unions in existence; and
5. The trade union was not registered under the Trade Unions Act, 1926.

Constitution and Recognition of Trade Unions:
The right to grant recognition to trade unions within the meaning of Constitution of India, art. 19(1)(c) is a fundamental right or not is answered in negative because the right to form association does not carry with it the concomitant right that the association must be recognized by the employers. Hence withdrawal of recognition does not infringe the fundamental rights guaranteed under the Constitution of India, art. 19(1)(c).[18]

Conditions for Recognition:
Trade Unions (Amendment) Act, 1947, s. 25D provides that a trade union will not be entitled for recognition by order of a labor court under s. 25E unless it fulfills the following conditions, namely:

1. That all its ordinary members are workmen employed in the same industry or in industries closely allied to or connected with another;
2. That it is representative of all the workmen employed by the employer in that industry or those industries;
3. That its rules do not provide for the exclusion from membership of any class of the workmen referred to in cls. (b);
4. That its rules do not provide for the procedure for declaring a strike;
5. That its rules provide that a meeting of its executive will be held at least once in every six months; and
6. That it is a registered trade union and that it has complied with all provisions of this Act.

The aforesaid provisions of the Act raise various problems:

1. Can an employer voluntarily recognize a union that is not registered under the Act, which is in fact a majority union?
2. Can an employer be compelled to recognize more than one union?

Notwithstanding the relative importance of these questions and rather unsatisfactory answer than we get from the statute, the significance of Trade Unions (Amendment) Act, 1947, must not be overlooked. But even this might not be put into force.[19]

Re-Recognition of Trade Unions
The Trade Union (Amendment) Act, 1947, s. 28H permits the registered trade union whose recognition is withdrawn under sub-s. (3) of s. 28G to make an application for re-recognition after six months from the date of withdrawal of recognition.

Rights of Trade Unions in India
The trade union rights in our country are found scattered in various laws,
voluntary measures like the Code of Discipline and the constitutional provisions under the Constitution of India, art.

These trade union rights may be divided into the following categories:

1. Right of freedom of speech and expression which includes right of picketing and demonstrations;
2. Right regarding the formation and the registration of the trade union;
3. Right regarding the recognition of the trade union by the employers;
4. Right regarding collective bargaining and collective actions;
5. Right regarding conduct and functioning of the trade union;

Miscellaneous rights:
Right to form a Trade Union - A Constitutional Right of citizens of India
The right to form and continue36 a trade union is a fundamental right guaranteed under the Constitution of India, art. 19(1)(c), which may only be subjected to reasonable restrictions in the public interest as provided by art. 19(1)(6)

Recognition of Trade Unions by Employers:
After the registration of the trade union, the question of its recognition by the employer comes to the forefront in as much as if it is recognized by the employer for the purpose of collective bargaining, then it will have certain privileges and an opportunity to fulfill its role.

There is no provision in the Indian Trade Unions Act or Industrial Disputes Act, 1947, the only two central enactments in this respect in the country regarding recognition of the trade union by employers. No union registered or otherwise may lay claim to recognition by the management for participation in negotiations as a matter of a legal right.[20]

However it may not be denied that fair play requires the management to consider grant of recognition when a body of persons legitimately expects to be affected. This right of recognition has to be secured by the trade unions by raising an industrial dispute. The Code of Discipline regulates this aspect, though not on a statutory level. The National Commission on Labor has recommended such a statutory right for unions.

Non-recognition of a trade union for collective bargaining constitutes an unfair labor practice. Provisions has however been made in the State of Maharashtra by Maharashtra Recognition of Trade Unions and Prevention of Unfair Labor Practices Act, 1971.

Code of Discipline and Trade Union Recognition
With the evolution of the voluntary measures in the nature of the Code of Discipline in the industry, an attempt has been made to make a provision for recognition of the unions by the employers. Under the Code of Discipline, the recognized unions have been given certain rights in preference to unrecognized unions.

These rights are:

1. to raise issue and enter into collective agreements with employers on general questions concerning terms of employment and conditions of service of workers in an establishment or in the case of a representative union, in an industry in a local area;
2. to collect membership fees/subscriptions payable by members to the union within the premises of the undertaking;
3. to put up or cause to put up a notice board on the premises of the undertaking in which its members are employed and affix or cause to be affixed thereon notices relating to meetings, statements of accounts of its income and expenditure, and other announcements which are not abusive, indecent or inflammatory or subversive of discipline or otherwise contrary to the Code;
4. for the purpose of prevention or settlement of an industrial dispute:
   1. to hold discussions with the employees who are members of the union at a suitable place or places within the premises of the office/factory/establishment as mutually agreed upon;
   2. to meet and discuss with an employer or any person appointed by him for the purpose;
   3. to inspect, by prior arrangement, in an undertaking, any place where any member of the union is employed;
5. to nominate its representatives on the grievance committee constituted under the grievance procedure in an establishment;
6. to nominate its representative on joint management councils; and
7. to nominate its representative on non-statutory bipartite committees, for instance, production committee, welfare committee, canteen committee, house allotment committees setup by managements.

The Trade Unions Act, 1926 is completely silent on the question of recognizing a trade union for the purpose of collective bargaining.[21]

Criteria for Recognizing a Trade Union:

1. where there are more than one union, a union claiming recognition must have been functioning for at least one year after registration. Where there is only one union, this condition would not apply;
2. the membership of the union must cover at least fifteen per cent of the workers in the establishment concerned. Membership would be counted only of those who have paid their subscription for at least three months during the period of six months immediately preceding the month of reckoning;
3. a union may claim to be recognized as a representative union for workers in all establishments in an industry in a local area if it has a membership of at least 25 per cent of the workers of that industry in the area;
4. when a union has been recognized, there must be no change in its position for a period of two years;
5. where there are several unions in an industry or establishment, the one with the largest membership must be recognized;
6. a representative union for an industry in an area must have the right to represent the workers in all the establishments in the industry, but if a union of workers in a particular establishment has membership of 50% or more of the workers, it must have the right to deal with matters of purely local interest as, for instance, the handling of grievances. All other workers, who are not members of that union might either operate through the representative union for the industry or seek redress directly; and
7. only unions that observe the Code of Discipline are entitled to recognition.

Recognized Central Trade Union Organisatios:

• Trade Unions
• Political affiliation
• All India Central Council of Trade Unions
• Communist Party of India (Marxist-Leninist) Liberation
• All India Trade Union Congress
• Communist Party of India
• All India United Trade Union Centre
• Socialist Unity Centre of India
• Bharatiya Mazdoor Sangh
• Rashtriya Swayamsevak Sangh
• Centre for Indian Trade Unions
• Communist Party of India (Marxist)
• Hind Mazdoor Sabha
• Indian National Trade Union Congress
• Indian National Congress
• Labor Progressive Federation SEWA
• Dravida Munnetra Kazhagam
• Trade Union Coordination Committee
• All India Forward Bloc
• United Trade Union Congress

Development of modern industry, especially in the Western countries, can be traced back to the 18th century. Industrial development in India on Western lines, however commenced from the middle of the 19th century. The first organized Trade Union in India named as the Madras Labor Union was formed in the year 1918. Since then a large number of unions sprang up in almost all the industrial centres of the country. Similarly, entrepreneurs also formed their organizations to protect their interests. In 1926, the Trade Unions Act was passed by the Indian Government.

The Act gave legal status to the Registered Trade Unions. The Registrars of Trade Unions in different states were empowered to register the Trade Unions in their respective states. These registered Trade Unions (Workers & Employers) are required to submit annual statutory return to the Registrar regarding their membership, General Funds, Sources of Income and Items of Expenditure and details of their assets and liabilities, which in turn submit consolidated return of their state in the prescribed proforma to Labor Bureau.[22]

Conclusion & Suggestions:
The Labor Bureau on receiving the annual returns from different States/Union Territories, consolidates the all India statistics and disseminates them through its publication entitled the Trade Unions in India and its other regular publications.

Trade Unions Act, 1926 provides for the registration of the Trade Unions with the Registrars of Trade Unions of their territory. Any seven or more members of a trade union by submitting their names to the registrar of trade unions and otherwise complying with the provisions of the Act with respect to registration may apply for the registration of the Trade Union under the Trade Unions Act.

The Act gives protection to registered trade unions in certain cases against civil and criminal action.

The Statistics presented in this review are based on the returns/reports received from the States/Union Territories in the format provided for in the Act and the figures cover only the registered trade unions. However the response rate from the States/Union Territories is not very encouraging.

During 2002, only 21.0 percent of the registered trade unions from 17 States/Union Territories submitted the prescribed returns to the concerned authority; who in turn have furnished the consolidated returns to the Bureau.

Bibliography:
Websites Referred:

• http://www.businessdictionary.com/definition/trade-union.html
• http://articles.timesofindia.indiatimes.com/2013-02-21/india/37221028_1_private-buses-bharat-bandh-trade-unions
• http://in.reuters.com/article/2013/02/19/india-trade-union-strike-inflation-petro-idINDEE91I08P20130219
• http://en.wikipedia.org/wiki/Trade_union
• http://business.gov.in/legal_aspects/trade_unions.php
• http://www.ehow.com/about_5417933_advantages-labor-unions.html
• http://smallbusiness.chron.com/advantages-labor-unions-organization-21119.html
• http://econ.economicshelp.org/2007/04/advantages-and-disadvantages-of-trades.html
• http://smallbusiness.chron.com/disadvantages-union-membership-employers-perspective-33242.html
• http://en.wikipedia.org/wiki/Opposition_to_trade_unions

Reports Referred:

• Report on "Impact of Labor Unions and Economic Reforms on the number of Registered Factories in India" by Kaushik Chaudhuri, Rupayan Pal and Bibhas Saha.

End-Notes:

1. Trade promotion authority refers to presidential authority to enter into trade agreements that Congress considers under expedited procedures (most recently in Title XXI of the Trade Act of 2002, P.L. 107-210). For more information, see CRS Report RL33743, Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy, by William H. Cooper.
2. United Nations World Summit for Social Development, Copenhagen. March 6-12. 1995.
3. ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up: About the Declaration. From the ILO website, at http://www.ilo.org.
4. See Trade Act of 1974 (P.L. 93-618 as amended), Sec. 507 (4)(E)
5. World Trade Organization, Singapore Ministerial Declaration, adopted December 13, 1996, Sec. 4, Core Labor Standards.
6. 1991 INDLAW SC 263, 1991 AIR(SC) 1250, per Sawant J.
7. 1990 SCC 293
8. SCC (L&S) 137, Automobile Products of India Employees Union vs. Association of Engineering Workers, Bombay, (1990) SCC (L&S) 293, followed.
9. 1996 SCC (L&S) 759, Automobile Products of India Employees Union vs. Association of Engineering Workers, Bombay, (1990) SCC (L&S) 293 and Association of Engineering Workers vs. Dock Yard Labour Union and others1995 SCC (L&S) 137. These cases were considered.
10. 1993 SCC (L&S) 155
11. 1997 SCC (L&S) 352.
12. 1996 SCC (L&S) 1255.
13. 1985 SCC (L&S) 420.
14. In re Vengan AIR 1952 Mad 95; Raj Narain vs. State AIR 1961 All 531; Damodar vs. State AIR 1951 Bom. 459.
15. Kameshwar vs. State of Bihar AIR 1956 All 57.
16. Kulkarni vs. State of Bombay AIR 1951 Bom. 106; Row vs. State of Madras AIR 1951 Mad 147; Uttar Pradesh Shramik Sangh vs. State of Uttar Pradesh AIR 1960 All. 45 at 49.
17. See WTO press brief on Trade and Labour Standards http://www.wto.org/english/thewto_e/minist_e/min96_e/labstand.htm.
18. Governments: "would not expect or intend to apply the Agreement's dispute settlement enforcement procedures ... in a manner that results in blocking trade." Jordan Free Trade Agreement Approved by Finance and Ways and Means, Inside U.S. Trade, July 27, 2001
19. Text: Congress Administration Trade Deal, Inside U.S. Trade, May 11, 2007; and Trade Facts: Bipartisan Trade Deal. Office of the USTR. Bipartisan Agreement on Trade Policy, May 2007.
20. Under the two-page dispute settlement section in the U.S.-Jordan FTA, which includes much less detail in its procedures than do Model 4 FTAs, if the Joint Committee does not resolve the dispute within 30 days after the presentation of the panel report, the affected Party shall be entitled to take "any appropriate and commensurate measure." However, the dispute settlement, begins with language specifying that "the Parties shall make every attempt to arrive at a mutually agreeable resolution through consultations," and, as mentioned earlier, this provision was reinforced by a mutual exchange of letters between the two countries before Congress considered the implementing legislation.
21. Phone conversation with Commerce Department officials February 15, 2008.
22. World Trade Online, U.S., Guatemala Takes Another Stab at Resolving CAFTA Labor Fight, December 22, 2011; and DOL Report Recommends Bahrain Consultations Over FTA Labor Violation, January 3, 2013.

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