Which of the following amounts to an unfair labour practice ?
Recruitment of workmen during an illegal strike
Transfer of workmen from one place to another according to management policy
Dismissing a workman involved in a criminal case
Refusing to bargain collectively in good faith with a recognized trade union
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CISF-AC-EXE – 2021
– Refusing to bargain collectively in good faith with the recognized trade unions is explicitly listed as an unfair labour practice on the part of the employer in item 5 of Part I of the Fifth Schedule. Collective bargaining is a fundamental aspect of industrial relations, and an employer’s refusal to engage in it with a recognized union is considered detrimental to healthy industrial relations.
– Option A, recruiting workmen during an illegal strike, is also listed as an unfair labour practice (item 6 of Part I) if the strike is *not* illegal. Recruiting during an illegal strike might be viewed differently, but the core issue is strike-breaking. However, refusal to bargain (Option D) is a more direct and fundamental violation of the duty to negotiate with the union.
– Option B, transfer of workmen according to management policy, is generally within the management’s prerogative and not considered an unfair labour practice unless it is done with malicious intent, as a punishment, or in violation of service conditions or agreements.
– Option C, dismissing a workman involved in a criminal case, can be a valid ground for disciplinary action depending on the nature of the case and the outcome, and is not inherently an unfair labour practice.