Trade unionism and change - II

In Pakistan one Commission on Labour headed by Justice Shafi-ur-Rehman was constituted. It is not known if the Commission has submitted any Report as none has been published to the best of our knowledge, in the Official Gazette. In India, National Commission on Labour was appointed first in 1966, which gave its recommendations.
This was followed by yet another Report on the National Commission on Labour constituted as recent as 2002. I need no better, then to reproduce, extracts of the Conclusions and Recommendations of the Report of the National Commission on Labour 2002 In India, which deals with the issue pertaining to the problems of trade unions in the country. The conclusions and recommendations in this behalf are reproduced as under:
Trade Unions that lead and represent workers have to reflect on the current situation. The organisations of the working class are weakened by fragmentation, disenchantment, poor unionisation, etc, and the forces ranged against them are strong and further strengthened by multinational forces. The organisations of the working class have to depend on public sympathy and cannot afford to alienate public sympathy by driving common citizens to the camp of those ranged against them. We feel that these are genuine considerations that every leader and well-wisher of the working class have to keep in mind while choosing the tactics of the struggles.
During the late 1970s, the scenario witnessed a major change in the growth of Independent Employees' unions and economic unionism, mainly in the new capital intensive industries. This was best exemplified in the rise of Dr Datta Samant. His strikes were characterised by long strikes, substantial, sometimes overreaching economic demands, complete bypassing of legalistic struggle and significant use of violence against recalcitrant workers or opposing Trade Union Centres. The changing industrial relations scenario in Bombay city with the decline in credibility of what was described as the straitjacket imposed by the BIR Act, was accompanied by changes in the industrial structure of the city and the position of textile industry within it.
Another grave threat to the authentic trade union movement seems to be emerging from the underworld. There are also reports of some cases where such unions have succeeded through other means. Many questions arise. The primary question perhaps is: what are the methods or abnormal methods that these new "leaders" employ, and how can the authentic Trade Unions, the management and industry as a whole be protected from the inroads and tactics of these interlopers from the underworld. The use of terror in any form will only nullify democratic rights by creating an atmosphere in which people are forced to act or not to act merely to protect their skin. It has therefore, become necessary to protect the workers as well as managements from such forces.
There are Trade Union Leaders who ask for the abolition of contract labour but ultimately relent if the contract assignment is given to them or their 'benami' agents. This makes a mockery of the Trade Union movement and brings down the Trade Union leaders in the esteem of employees.
A fourth practice that compromises the Trade Union movement is - the tendency to convert Unions into closed shops. The Trade Union Movement in India has now come to be characterised by multiplicity of unions, fragmentation, politicisation, and a reaction that shows a desire to stay away from politically oriented Central Federations of Trade Unions and searches for methods and struggle for co-operation of joint action.
One sees an increase in the number of registered unions in the years from 1983 to 1994. But one also sees a reduction in the average membership per union and in the number of unions submitting returns.
There are other unions that have founded into bodies relating to certain industries or employment, but have kept out of the main central Trade Union Federations. This includes National Alliance of Construction Workers, National Fish Workers Federation, National Alliance of Street Vendors etc.
We must also make specific mention of the emergence of the Trade Union SEWA group of organisation. It did not confine itself to the traditional method of presenting demands and resorting to industrial action in pursuit of them. It took up the work of organising the women workers, who were engaged in unorganised sector of employment, combining other constructive activities like marketing, the provision of micro-credit, banking, training, representing the views and interests of workers.
There is yet another development on the Trade Union scene to which we must refer - the increasing tendency on the part of Trade Unions, to get together in ad hoc struggle committees to launch struggles, or to support a struggle that one of them has launched.
We have witnessed such joint action in the Bharat Aluminium Company (BALCO) struggle against disinvestments, the one day All India strike by all Central Trade Unions against disinvestments, privatisation and the economic policies of the Government on 25th July 2001, and the strike organised by Federation of Central Trade Unions against the Bill to open the coal sector to private industry.
Another new feature is the readiness an the determination of Central Trade Unions to escalate the objective to matters of government policy like, disinvestment, privatisation, etc. Instances of such action were witnessed in the strike on BALCO privatisation, the Rajasthan agitation by the Government servants and the strike by electricity workers in U.P., government employees in Kerala, and so on.
The leaders of the Trade Unions have themselves identified the main problems that they are encountering as:
(1) Conflicts have increased and become increasingly complicated because of "the strategic reform of state owned enterprises and the burgeoning development of non-public sectors,"
(2) "Rampant violation of the Labour Law by preventing workers from joining Trade Unions",
(3) Illegally hiring workers without signing contracts,
(4) Forcing workers to work extreme hours,
(5) "Skimping on salaries",
(6) Non-payment of wages on dates stipulated by law,
Refusal by some enterprises to buy their workers insurances for unemployment, industrial accidents and endowments,
(7) Failure by enterprises to offer working protection facilities,
(8) Frisking of women workers at factories,
(9) Inadequate immunisation,
(10) It is obvious that such transgressions or failures to enforce the laws may be more in non-state owned enterprises ie enterprises - foreign owned, joint, etc in the "private sector". Leadership like in any other organisation is a critical factor behind the growth, strength and effectiveness of Trade Union. It is in this context that a study will be made as to the pattern of leadership in the Trade Unions in Pakistan in the socio-economic background.
The motive of union participation and views about the various union related matters and the consequence of union participation for union leaders and their participation, union performance of workers and management attitude towards Trade Unionism in the country for resolving industrial conflicts require determination.
All this information will provide us an intimate insight into the psyche of union leaders. Views and participation of leaders would reveal their understanding of the phenomena of Trade Union movement that is likely to shape up in the near future which will be assessed with a fair degree of precision from the union leaders from the past, as compared to those as it exists today.
If past trends are an indication of leadership pattern of Trade Unions in Pakistan, in the early stages of the Trade Union movement in this country, it was not different from the universal trends in Trade Unions. At the top of the union hierarchy, the leaders are virtually assured of a long and uninterrupted tenure with little or no inclination on the part of the workers to replace them nor any opportunity is given to them.
The Unions elections are merely a periodical ritual to which the rank and file of the members are totally indifferent and the group of active unionist normally decide on leadership by consensus and in most cases arbitrarily. A leader could remain in his Office for as long as he wished, unless there were very strong rival aspirants to the post or he has proved absolutely unworthy of it or he lost confidence of union members.
It had been within a small segment of front line unionist that such democratic norms are witnessed. Unfortunately this is also the trend in the political system in this country as also the trend of the Federations of employers dealing exclusively with labour matters. The entire leadership of Trade Unions should belong to the working class and the middle class. Professionals or full time trade unionists should only act as a role model guidance.
Instead, it has been observed invariably that leadership of major Federations of Trade Unions in the country is lead by professional labour leaders and almost all of them either leave office on death or being permanently incapacitated. Even then they linger on until death. It goes without saying that the primary function of the Union is to promote and protect interests of its members. No doubt union strength is drawn from funds and support of its members.
Annual audit, are not regularly conducted. Invariably collection of funds on the eve of conclusion of settlement or at the time of some major litigation is effected are normal. Donations are invariably collected at the time when monthly salary of workers are distributed, which are not accounted for and against which no receipt is given by the Union, nor references of the same are made in the Annual Returns of the union.
Even in certain cases, where Trade Unions have established co-operative societies there have been mass irregularities. No research work of any nature whatsoever is conducted. No statistical data is obtained, and with all respect, their performance in the Tripartite Labour Conference also lacks sense of maturity. Members of the Unions are not educated by the Labour Leaders in the essentials of Trade Unionism. No doubt Trade Unions are formed to secure for the workers not only minimum wages, which in any case has to be given irrespective of the employers financial capacity to pay.
Furthermore the unions are formed to ensuring and safeguarding security of services and improvement in the terms and conditions of the services of the members of Union or Federation. This is second most important task of the Federations and Unions. As already well known neither any education is imparted to the workers nor any training is given to the members of the Unions in the essentials of the Trade Union.
It need be emphasised that in terms of Section 83(2) read with Schedule II of the Industrial Relations Ordinance 2002, rights of the workers and the duties of the workers have been provided in the Schedule by the legislature, primarily because workers are not well aware or wilfully and deliberately not informed of as to their rights and duties. In terms of Section 83(2) Schedule II of I.R.O. 2002, the workers right and duties are as under:
Worker's rights
(a) Right to work, wage and welfare - it is the right of a worker to work according to the job assigned and to receive wages as per agreed terms and conditions of employment and to such welfare benefits and safety measures as one is entitled to according to law, agreement settlement and award.
(b) Right to freedom of association and collective bargaining and other rights secured or guaranteed under this Ordinance and other laws - Worker has inherent right to Trade Unionism and collective bargaining and the right to enjoy the benefits guaranteed to him under the law, rules and regulations, settlement, award or agreement.
Worker's duties
(a) Worker will perform his duty, as assigned by the employer or his representative, according to his best ability with due diligence, care, honesty and commitment.
(b) Worker will fully observe norms of organisational discipline.
(c) Worker, in exercise of his right, will fully respect the rights of the employer and will cooperate with him in the efficient performance of the business of the establishment or, as the case may be enterprise.
If Trade Unions in Pakistan are to flourish as in India, it is essential that leadership amongst the Trade Unions should grow from the rank of workers. The trade union movement in this country, as already mentioned, in the earlier stage was developed by the leaders committed to the well-being of the working class. Under the Trade Union Act 1926, fifty percent of the Office Bearers of the Trade Unions were what is commonly known in labour jargon as 'outsiders'. This figure has been reduced to twenty five percent under I.R.O. 2011.
The earlier condition that these 'outsiders' should be full-time paid Trade Union workers, has been discontinued altogether. In the Whitley Commission Report of 1920, the concept of outsider elements in Trade Union movement was recognised, as Trade Unions at that time was in its infancy. It is high time that the role of outside elements in the Trade Union movement should be discontinued altogether.
The recent unfortunate, yet alarming trend, has been that following the death of all seasoned, dedicated, and devoted trade unionists in the country, those workers who are removed from service, invariably assume the role of a Trade Unionist by forming a Trade Union either at the local level or have it registered even at the National Level as Industry-wise Trade unions with National Industrial Relations Commission. Unfortunately, National Industrial Relations Commission, whose main and primary functions is to educate workers in the essential of Trade Unionism have failed to educate the workers. No seminars in the past almost forty years were held, no conferences were conducted, no training programme conducted by NIRC, no literature or publication was issued to guide the workers in the essentials of trade unionism in the country.
Repeated humble plea made by the Author to the past chairmen of the National Industrial Relations Commission to perform this main function of the Commission has proved ineffective. Recent trend has been, that workers after their removal or even otherwise have associated themselves with one or more political party in the country. Like students, who should be free from Trade Unions in the educational institutions, there should be no interference of any political parties in the Trade Union movement of this country.
Multiplicity of Trade Union has been one of the major causes whereby the Trade Union movement in the Country has been weakened. There are instances in some organisations where there as many as 12 to 15 trade unions registered. Multiplicity of trade unions invariable leads to labour unrest and disturbances due to inter union rivalry. Past experience has shown that it is far too easy to determine the Collective Bargaining Agent or enter into a settlement in an organisation where only two trade unions exist than in an organisation with large number of trade unions, where the employer is prone to take the advantage of the situation and encourage one of the many trade unions to enter into frivolous allegations and prolong determination of Collective Bargaining Agents, thereby disturbing industrial relations.
Female employees especially in the pharmaceutical industry had played an important part in the Trade Union activities in this country. To a certain extent, there are also female active office bearers in the consumer goods industry. It is essential, however, that a certain percentage of quota should be provided for in the Constitution of every Trade Union whereby the female workers are elected as office bearers of the Trade Unions. This country can ill-afford that 50 percent female population of the country does not work. The concept that once married a female employee is either grounded or forced to leave employment, is unfortunate.
Similarly it is most unfortunate that in some pharmaceutical companies there is a practice that one of the spouse alone can work in the organisation after marriage. No doubt, the family spillover is often reflected in the performance and attitude of employee towards work, but the mere effect that an employee has been married, ipso facto, should be no ground that she should cease to hold office of Trade Union or leave the organisation altogether. Age may be more variable in determining the attitude towards Trade Union.
Certain characteristics like energy, dynamism, tolerance, maturity can be identified with a specific age group. Likewise as the issue concerning labour leaders are linked to a variety of factors, economic and otherwise, legal and political implications, education is considered to be essential for effective Trade Union leadership. One of the reasons why outsiders have taken virtual total control of Trade Unions in Pakistan is that the workers lack education and they lack the competency to comprehend the complexity of our labour problems. No doubt, this scenario is not giving chance to new crop of leaders to emerge. Leaders can be better educated.
The old myth that the working class leadership is generally illiterate or not adequately educated to lead should be dispelled. Experience has also shown that substantial majority of trade union leaders have urban background. Some of them have a rural background and they also retain ownership of agricultural land.
Religion in this country has played a very insignificant for part in the trade union leadership. There are however, Christians who are office bearers of Trade Unions especially in the pharmaceutical sector. Hindus have also been elected as office bearers of the Trade Unions in the interior of Sindh and Punjab especially in the Brick-Kiln Industry.
There are certain factors that motivate individuals to join trade unions as would determine the aspiration in a leader. Redressal of personal grievances is customary for all employees not only to join the union but also assume leadership as an important motive in rank as it aims at safeguarding them against victimisation and securing better working conditions. No doubt there are a number of factors that can be termed as motivation not only for joining a particular union but also getting the union affiliated with a particular political party.
Unfortunately, in this country, experience has shown that when one of the two major political parties come in power, invariably most of the unions get themselves affiliated with the political party in power, on the assumption that the party in power will ensure that the grievances of workers are redressed. Most of the workers initially do not have any choice when they join the union. The fact that most of the contract workers join a particular union which is active in promoting the interest of workers. In the leadership of union in making the choice of union, presence of friends and colleagues in a union or political ideology of union do at times, play a role in influencing the workers choice.
However, ideological convictions or affiliation of the union should be dominating criteria for workers who may have choice to join membership of unions. There are a number of factors that motivate a person to assume union leadership. The desire to serve workers may be a dominant motive amongst Trade Union leaders within the factory for assuming leadership in the union. Craving for social prestige with political parties is another motivating factor.
However the main reason which a Trade Union leadership require is a certain level of ideological conviction, recognition amongst worker, easy access to management and better understanding with management for successful solving of problems confronting workers.
No doubt the trade union movement has profoundly a dynamic role in the modern world, especially as a force in reshaping our industrial relation system. All trade unionists agree to the fundamental purpose of Trade Unionism. Its pursuit should be the economic interest of the workers. The present day unions should be concerned about promoting status and security of workers.
Fears about job security and also to participate in management decision-making, socio-economic problems and political power of labour movement given a specific political and economic framework, the priority of objectives which keep on changing with the evolving socio-economic status in the country are some of the other factors in trade union leadership.
Invariably the union leaders perception of the function of Trade Union is to secure better wages, bonus and fringe benefits, facilities, redressal of grievances, prevention of victimisation of work force and prevention of exploitation of the workforce, as also strengthening the union itself require more attention on the part of union leaders. To promote health labour management relations is more in theory than in practice. Union leaders emphasise need for bigger unions for effective struggle against capitalist exploitation.
However, the majority of the Trade Union leaders in this country do not favour compulsory union membership. No significant aspect of the Trade Union movement in this country is the preferred form of unionism which varies from "general union", "Craft Union" and "Industrial Union". However majority of leaders are in favour of one enterprise one union. This is often emerging out of disenchantment with union rivalries which dissipates unions and has weakened the bargaining powers of the workers. Experience in this country has shown that there are certain factors which affect the performance of the Trade Union in this country. Hurdles that affect the performance of union are:
(i) Lack of commitment to Trade Unions work on the part of union leaders who have not given their best to the unions.
(ii) Multiplicity of unions and the resultant rivalries also proved to be a drag on union performance, despite the fact that the unions joined hands on major issues of common interest to all workers.
(iii) Factionalism within the unions which diverted the attention of the unions away from the important issues.
(iv) Sell-out of the workers' cause by the union leaders at many crucial junctures, in return for some personal favours or certain benefits or relief to their individual unions.
The success of Trade Unions in this country would depend upon the response of the workers to the directives of the union or the workers, equality in participation in Trade Union activities, skill of workers in Trade Unions, and making them aware of their obligations towards a sincere union, help to the worker, redressal of their genuine grievances all of which are some of the suggestion aimed at improved workers participation in Trade Union activities in this country.
Some of the major grievances of trade unionists in Pakistan, who are also critical of the employers are on the following counts:
(i) Rights and immunities are only on paper as the workers are still oppressed and those active in trade union work are victimised by the management.
(ii) There should be no curbs on trade union activity like banning of strikes or exclusive of certain industry from the ambit of industrial relations law.
(iii) The management does not implement all the agreements made with the trade unions and finds one excuse or the other to delay implementation. So the unions have to repeatedly agitate for issues that have already been settled in the course of collective bargaining.
(iv) Trade unions should have the right to represent workers in decision-making by management.
(v) The government has been trying to make strikes by unions more difficult by planning modifications in the Industrial Relations Ordinance 2011. This means difficult times ahead for the trade union movement in Pakistan.
(Concluded) (The writer is advocate of Supreme Court of Pakistan)