Collective Bargaining Agent is the agent of the workmen in the establishment or, as the case may be industry, in the matter of collective bargaining.
It means the trade union of workmen which is formed for the purpose of regulating the relation between workmen and employers or for imposing restrictive conditions on the conduct of any trade or business
Representation of Collective Bargaining Agent
In case of one trade
Where there is only one registered trade union in an establishment or a group of establishment and the number of the members of such a trade union is not less than one third of the total number of workers in the establishment an application has been made for the purpose. The Registrar of trade union will certify such a trade union to be a collective bargaining agent.
Incase of more than one Trade Union
Where there are more registered trade union than one in an establishment or a group of establishments, the Registrar shall, upon an application made in this behalf by any union having not less than 1/3 members of total workers employed.
In such establishment or group of establishments or by the employer, or the government hold within fifteen days from making of the application, a secret ballot to determines as to which one of such trade unions shall be the collective bargaining agent form the establishment or group
Rights and Duties of Collective Bargaining Agent
The rights and duties of collective Bargaining Agent in relation to an establishment or group of establishment are given below:-
The Terms of Employment
He undertakes collective bargaining with the employer or employers an matters connected with employment, non–employment, the terms of employment or the conditions of work.
Nomination of Representative
He can nominate representative of workmen on the Board of Trustees of any welfare institution or Provident funds and of the worker’s participation fund.
Representation of Workman
He represents all or any of the workman in any proceedings.
Giving of Notice
The collective bargaining agent can give notice and declare a strike in
Nomination of workers
He nominates workers representations on the Management committee which is to be constituted under section 23B to participate in Management.
Nominations of Shop Stewards
He can nominate shop stewards, who is required by section 23A to act as link between labour and management.
Appointment of Auditors
The collective bargaining Agent appoints auditors to audit accounts in case workers doubt the accuracy of the accounts already audited by the Managements auditors.