Collective Bargaining Unit

2014 PLC 229 NATIONAL-INDUSTRIAL-RELATIONS-COMMISSION Judicial Precedent

Ss. 2(xxxii), 62 & 87Collective Bargaining UnitDetermination of

Applicant Trade Union sought declaration of all establishments of the Bank (employer) as one Collective Bargaining Unit all over the country

Certain documents filed by applicant in support of its claim, had indicated that the Union was registered with the National Industrial Relations Commission as Industry-wise Trade Union

Entire establishment of Bank was controlled and managed by one party; balance sheet, profit and loss of the entire establishment of Bank was the same, which was running its business throughout Pakistan, having its Head Office at Karachi

Bank had its more than 1400 branches in all the four provinces as well as Islamabad Capital Territory

Bank was, in circumstances, a Trans-provincial establishment in terms of S.2(xxxii) of Industrial Relations Act, 2012

Registration of unions of the Bank at Provincial level, in circumstances, was unlawful and contrary to the spirit of Industrial Relations Act, 2012, which had overriding effect in terms of S.87 thereof

One Collective Bargaining Unit in the establishment of the Bank had been working even when there was no law of concept of 'Trans-provincial' establishment

After legislation of Industrial Relations Act, 2012, it was imperative that mushroom growth of unions at provincial level was curtailed in order to avoid non-uniformity of terms and conditions of employment

Services of the workers were transferable to other provinces as well

Both under the law as well as the consistent decisions of superior Courts there could not be more than one Collective Bargaining Agent in the establishment or group of establishments on the basis of certificate of National Industrial Commission, on all Pakistan basis; and the certificate of Collective Bargaining Agent, issued by Provincial Registrar Trade Unions giving the status of Provincially registered trade union as Collective Bargaining Agent was illegal and without lawful authority

All the provincially registered trade unions functioning in any Province, were directed by National Industrial Commission to amend their constitution, including membership in more than one province; and elevate their status as Industry-wise Trade Union within a period of ninety days, failing which registration of union would be cancelled

Entire establishment of Bank, was determined by the Commission as one Collective Bargaining Unit for a period of five years to be continued for such period until a fresh Collective Bargaining Unit was determined by the Commission, in circumstances.