Final Modalities for Recognition of Registered Railway Trade Unions by Secret Ballot Committee.

1. The election under Secret Ballot system for giving recognition to trade unions on the railways will be conducted under the supervision of Chairman, Secret Ballot Committee appointed specially by the Ministry of Railways for this purpose vide their order number ERB-I/2007/23/13 dated 3.4.07.

2. Who all are eligible to contest the elections:-

(a) All registered trade unions of the Railways which are registered under the Trade Union Act, 1926 for at least one year as on 31.12.2006 and which exclusively represent the interests of all group ‘C and ‘D’ employees of the concerned zonal railways.

(b) These registered trade unions must not have been formed on the basis of any caste, tribe or religious denomination or of any group within or section of such caste, tribe or religious denomination.

(c) The registered jurisdiction of the Union should geographically conform to the jurisdiction of the concerned zonal General Manager to whom the application is made and who is competent to recognize the union and also competent to take any action against unions as and when necessary.

(d) Once a union is recognized, it would continue to remain recognized till its recognition is withdrawn/suspended by the competent authority for some special reason.

(e) The existing recognized trade unions/federations shall continue to remain as recognized unions/federations till election process is completed and their further future will depend upon as to how they fare in the elections.

(f) The facilities available to the recognized unions will continue only on the condition that these facilities will not be used for election purposes. In case a complaint is received in this connection and on investigation the complaint is found to be correct, that recognized trade union against whom the complaint was received will be liable to be punished. The quantum and type of punishment will be decided by the Returning Officer/Secret Ballot Committee. In such disputes the onus of proving that facilities were not misused will lie absolutely on the recognized unions against which the complaint was received.

(g) Once the date of election is announced, no formal meetings such as PNM, PREM, etc. shall be held by the administration with the recognized trade unions.

(h) The unions contesting elections must have submitted the accounts statement and annual returns for the previous year to the concerned Registrar of the trade unions. A copy of last annual return should be submitted to the concerned Returning Officer before contesting the election.

(i) The union should not have been found responsible for breach of code during a period of one year immediately before notification of date of election.

(j) Unions participating in the election will have their own constitution in conformity with Trade Union Act, 1926 and should be registered with the registrar of trade unions.

3. Code of Discipline:
All the contesting registered trade unions will have to give in writing that they would observe the Code of Discipline (Annexure-I). Chapters XXV and XXVI of Indian Railway Establishment Manual, Volume-II, deal with the rules for recognition of unions of non-gazetted servants, conditions precedent to recognition of the unions and negotiating machinery for dealing with disputes between railway labour and railway administration etc. All these rules have to be accepted in toto by all the contesting trade unions.

4. Code of Conduct during Election Proceedings:

a. No appeal by any of the contesting trade unions shall be made to voters on the grounds of religion, politics, caste, community. Any such appeal will be treated as a corrupt practice and may attract punishment to be decided by Secret Ballot Committee.

b. No contesting trade union or its office bearers/representatives shall indulge in any activity which may cause tension within different categories, cadres, communities, religions.

c. Criticisms of rival trade unions should be confined to their policies and programmes, past records of work. Private life of no individual should be talked about. Similarly, activities not connected with the railway working will not be mentioned.

d. Criticisms of other trade unions or its office bearers or their workers based on unverified statements should not be made.

e. Temples, mosques, churches and other places of worship should not be used for propaganda purposes.

f. Campaigning by elected public representatives who are not holding post in any of the contesting unions or national federations or Central Trade Unions to which contesting Union is affiliated and non-Railwaymen is not permitted.

g. Canvassing within 100 meters of polling stations, holding public meetings during 48 hours prior to the start of the election process are not permitted.

h. No intimidation of any type or coercion will be tolerated to force any railway employee to vote in a particular manner.

i. Authorized   agents   of   the   contesting   unions   shall   be   issued   proper identification cards.

j Excepting the voters, no one without a valid pass from the Presiding Officer shall be allowed to enter a polling booth.

k. No fire arms, no slogan shouting inciting communal/political issues are to be permitted at the voting booths.

l. No special leave for campaigning will be allowed to any railway employee or representative of the union.

m. If any contesting Union wants to have a gate meeting during lunch hours, prior permission of the administration would be required. However, no gate meeting will be allowed within 48 hours of election date. If more than one intimation is received, the authority in-charge would sort the matter out.

n. No grant of gifts, cash etc. is allowed.

o. Pasting of posters on stations, rolling stock, buildings, defacing office buildings, colonies, etc. is not allowed. However, appropriate space for this purpose should be provided to every contesting Union by the administration till the process of election is completed.

p. Code of conduct comes into force from the date of announcement of election schedule.

q. In addition to the above, any other campaigning activity extraneous, repugnant and contrary to the recognized sphere of Union activities and against staff tranquility, public peace and Railway policy will render the defaulter to penal action as decided by the Secret Ballot Committee which will be the final authority in the matter and its decision will be final.

 
5. Norms for recognition:

i) All unions getting 30% or more of the single vote of the total electorate shall be considered recognized.

ii) If only one union gets 30% or more of the single vote of the total electorate and some other union polling next maximum number of votes, gets at least 35% of the valid votes polled, then both these unions will get recognition. (This assumes that 35% of votes polled will be less than 30% of the total electorate).

iii) If situations as stipulated in (i) and (ii) above don’t arise, then the two unions getting maximum number of votes will be recognized provided each one individually gets more than 35% of the valid votes polled.
iv) In case there is no union fulfilling the conditions laid down in (i), (ii) and (iii) above, then union which gets maximum number of valid votes polled ^will be recognized proved it gets at least 20% of the valid votes polled. In this case only one union will get recognized.

v) If no union gets even 20% of valid votes polled, then no union will stand recognized.

6. Who all can vote:

i) All regular Group ‘C and ‘D’ employees who are borne on the muster roll of the Railway establishment as on 1.7.07 will be extended the right to vote.

ii) Substitutes, Casual/Contract labour and those engaged on daily wage basis, etc. will not have right to vote.

iii) Staff who have gone on deputation should be allowed to cast their vote through postal system. A separate list of such staff will be prepared by concerned Sr.DPO/Dy.CPO who will personally ensure that information regarding availability of facility of postal ballot is made known to them well in time.

iv) Such of the employees who are on polling duty, undergoing various trainings at any of the training centres, train running/escort duties and who are likely to be away from their nominated headquarters during the electoral days and employees who are admitted in hospital as in-patients should be granted the facility of postal ballot. As in item (iii) above, concerned Sr. DPO/Dy.CPO will personally ensure that these employees are informed about facility of L postal ballot well in time.
v) If an employee is promoted to class II service after 1.7.07, his name will automatically be cancelled from the voters’ list.

vi) Employees who have effected their transfer after 1.7.07, their names will stand deleted from the original voters’ list. These names will be added to the voters’ list at the new station of posting. This will be personally ensured by the concerned Sr. DPO/Dy. CPO.

vii) The voters should cast vote for one Union only otherwise the vote will be treated as invalid.

viii) For the purpose of casting ballot, Photo I-Card is to be treated as the valid document for identification of voters. In case Photo I-Card is not available, driving licence bearing the photograph or Voters’ I-Card along with the latest salary slip is to be treated as valid identity proof. In case none of the documents specified earlier are available, an authority letter bearing the photograph of the employee personally signed by the concerned Sr.DPO/Dy.CPO will be treated as valid identity proof.

ix) RPF/RPSF personnel are not to be included in the Voters’ list.

7. Voters’ List:
Voters’ list comprising of all categories of Group ‘C and ‘D’ employees of Indian Railways as on 1.7.2007 should be prepared and then loaded on the RailNet on or before 15.9.2007.(Instructions on this subject already issued separately). The site address of thejconcerned Zonal Railways will be notified on the notice boards. The voters’ list should be prepared station-wise in the proforma given below :

Name (1)	Desgn. (2)	I/card No. (3)	PF No. (4)	Working under (5)	Station where posted (6)

As already mentioned earlier if Photo I-Card is not available in case of any member of the staff, an authority letter bearing the photograph of the staff personally signed by the concerned Sr.DPO/Dy.CPO should be issued to establish the correct identity of the voter.

8. Nodal body to conduct and supervise Secret Ballot
The nodal body for conducting Secret Ballots would be as under

i) The overall supervision at the zonal level will be with the respective SDGMs of the zones who will be assisted by Presiding Officers, Polling Officers and Polling Assistants. In the contingency of SDGM not being available during the period of election, the General Manager of the concerned Railway will nominate another Officer of the rank of PHOD in his place in consultation with the Secret Ballot Committee.

ii) Senior Deputy General Managers (SDGMs) of the Zonal Railways will act as Returning Officers of their zones. They will be helped by the ADRMs /CWMs (in case of workshop) (to be nominated by name) who will act as Presiding Officers. Each Division/Workshop will have one Presiding Officer. In the contingency of the concerned ADRM/CWM not being available, DRM will nominate another suitable senior officer in his place in consultation with the Returning Officer. iii) Polling parties as per Annexure-IX will be nominated by the respective Presiding Officers from amongst the Railway officers/officials as indicated in para 19 of Modalities. On receipt of these recommendations from the Presiding Officers, the Returning Officers will sign the proforma giving their approval to the appointment of these polling teams. The proforma will then be sent back to Presiding Officers to get signatures of all the staff. One copy of the signed proforma will be sent to the Returning Officers to establish that appointment letters have duly been served on all the members of the Polling parties.

Preliminary training/briefing of Polling Parties
Briefing will be given to all the Returning Officers by the Secret Ballot Committee on dates which will be advised later. Briefing to the Presiding Officers will be given by respective Returning Officers and the Presiding Officers will brief the Polling Officers and Polling Assistants on dates to be notified by them. Polling parties will report at the polling booths on each day at least two hours before the scheduled time of Secret Ballot. Draft appointment letters for Returning & Presiding Officers are placed at Annexures VII & VIII. Annexure IX indicates appointment of Polling Assistants and deployment of other staff for election duties besides the appointment of Polling Officers.

9. Publicity concerning Secret Ballot :
The Zonal Railways will give wide publicity to the decision of holding of Secret Ballot by way of general notification by affixing notices on the notice boards of Zonal Railway Headquarters and advertisement in newspapers.

10. Filing of nominations :
 
10.1. The Union/s which meet the eligibility criteria as in (2) above and wish to participate in the Secret Ballot may apply in a proforma (Annexure II) to be obtained from the Zonal Railway Administration before the last date as notified in the election schedule.
 
10.2. Along with the application signed by President & General Secretary, the Union must provide the following information/documents :-

i) a) Full address of the Union along with telephone numbers, if any; b)  Names  and  addresses  of the central  office bearers  with their designations in the Railways;

ii)     an authenticated photocopy of the accounts statement and annual returns for the previous year submitted to the concerned Registrars who control the territories falling within the jurisdiction of the concerned Zonal Railway;

iii) a certified copy of the Union’s Constitution;

iv) a declaration by the General Secretary/Chief Executive of the union that all rules and conditions notifid in chapters XXV & XXVI of IREM, Volume-II are acceptable to them;

v)  an authenticated declaration by the General Secretary/Chief Executive of the Union that they have read the modalities  and Code of Conduct/Discipline in regard to holding of Secret Ballot and the same ^ are acceptable to them;

vi) A clear undertaking by the General Secretary/Chief Executive of the Union that the results of the Secret Ballot will be binding on the Union

vii) an authenticated declaration by the General Secretary/Chief Executive of the Union that the said Union has never discriminated on the grounds of religion, caste, gender or any other type prohibited under the law of the country;

viii) a declaration by the General Secretary/Chief Executive of the Union that all information provided by the Union is correct and if any information is found incorrect, the General Manager will be free to take any appropriate action.

ix) Supporting signatures of at least five Railway employees with name, designation and posting station which is subject to verification.

11. Scrutiny of nominations :

i) All the nominations received from unions should be scrutinized by the Returning Officer and a list of eligible Unions be drawn and displayed within seven days’ time.

ii) Both the eligible and ineligible Unions should be advised individually to enable them to make submission to the concerned Returning Officer within three days’ time to re-check the facts if there is any doubt.

iii) The eligible participating Unions should also be asked to submit a distinct ‘Symbol’ of the Union on which it is going to contest the election. The ‘Symbol’ should not have any resemblance to the symbols allotted to the political parties by Election Commission of India. In case of any dispute concerning acceptance of a symbol, the decision of the Returning Officer in this regard will be final.
 
12. Withdrawal of nominations :
For the withdrawal from participating in election, application, from the eligible Trade Unions should reach the Returning Officer on or before the specified date as notified in the schedule of election.

13. Election Schedule :
13.1 The elections will be held simultaneously on all the zonal Railways continuously for three days on dates which will be notified later from 8.00 hrs. to 18 hrs. Election schedule once announced shall be followed even if some holiday falls on the dates announced. The elections will be conducted under the overall supervision of respective ‘Returning Officers’ to be notified by the Chairman, Secret Ballot Committee. The ‘Returning Officer’ will be assisted by ‘Presiding Officers’, ‘Polling Officers’ and ‘Polling Assistants’. These officials will be notified separately.
13.2. The election schedule will be notified later.

14. Printing of Ballot Papers :
The Ballot Paper should be in a table format with Four columns, wherein in the 1st column the name of the contesting union as it appears in English should be published and in the 2nd column the abbreviation used by the contesting union as mentioned in English should be printed and in the 3rd column, the abbreviation used by the union in local language (if any) should be printed and in the 4th column, approved symbol of the concerned Union should be printed. Ballot Papers will be got printed under the supervision of the Returning Officer mentioning the names of all the participating unions in an alphabetical order, each with a distinct serial number. Serial number should be available only in counter-foil of ballot paper for accountal purpose only. The total number of the ballot papers so printed along with their serial number is to be intimated to the participating unions. Ballot paper should be printed in a confidential manner and should not be printed in any of the Railway Printing Presses. Each ballot paper should be signed in ink on the top by the concerned Polling Officer of the polling booth. Ballot Papers with running Serial Numbers according to the strength of the Zonal Railways should be got printed and a replica of the Ballot Paper should be prominently displayed by the Railway Administration on all notice boards.


15. Polling Booths :
The decision about actual number of booths to be set up on each Railway will be taken by the respective Returning Officers. However, Polling Booths may be set up following a principle of one polling station for 1000-1500 employees. Each polling station will be supervised by a team of two supervisors under the charge of a gazetted officer. For road side stations and Gang huts, one polling station should be setup for 500 employees. The location of the polling booth for voters will be indicated in the voters’ list issued by Returning Officer. The polling stations/booths will be set up near the premises where the workers normally work. The polling area will be adequately screened from any outside exposure. There will be no canvassing/influencing of any voter near the polling area on the day of election. The Returning officer will ensure that two RPF personnel are deployed at each Polling station. In sensitive areas, armed RPSF Personnel may be deployed & assistance of the State Police may also be obtained as per need.



16. Polling Agents :
Each contesting Union will nominate two Polling Agents for each polling booth. The polling agents must be regular employees of the concerned Zonal Railway. The Polling Agents should carry their identification proof to establish their bonafides. These Agents will be shown empty ballot boxes before commencement of polls; and boxes will be locked and sealed in their presence. The Polling Officer will take signature of Polling Agents as a token of their having witnessed locking and sealing of ballot boxes. The Polling Agents will remain present throughout the polling and also at the time of counting.


17. Ballot Boxes :
Adequate number of Ballot Boxes will be provided at each polling station by the Returning Officer with requisite stationery, sealing wax, etc. and these would be sealed before the start of polling and after end of polling every day in the presence of Polling Agents of the Unions and the Polling Officer or his authorized representative. The Ballot Boxes may be borrowed from Election Commissioner, if required. The Ballot Boxes will be kept either at polling booths itself or in the chambers of specifically nominated Assistant Engineers, Gazetted Station Superintendents and other Assistant Officers generally located within a distance of 25-50 Kms. Exact position concerning this, will be notified by concerned Returning Officer/Presiding Officer 15 days before the election date.


18. Vote Casting Process :
The vote casting process will be supervised by Polling Officers assisted by Polling Assistants. Railway employees working as Personnel Inspectors/Welfare Inspectors and other inspectorial staff of other deptts. will be deployed as Polling Assistants. Staff of one division will be deployed on election duties in the adjoining division and not on the division where they are working. Similarly Assistant Officers will be deployed to work as Polling Officers but not on the division where they are posted but in the adjoining division. Further, any officer who has been an executive member of any union when he was a class III or class IV employee will not be deputed on any election duty.


19. Casting of vote :
Staff should be spared invariably to enable them to cast vote. However, a judicious approach is required to ensure that the crucial and sensitive train operations work does not suffer. It is for this reason that voting has been allowed on 3-day basis to ensure that all can vote without effecting train running. At the time of polling, the Polling Assistant will first score out the name of the employee/workman who comes for voting from the master copy of the Voters’ list and put a mark with indelible ink on the voter’s left index finger and advise him thereafter to procure the Secret Ballot Paper from the Polling Officer. The Polling Officer will hand over the Ballot Paper to the concerned employee after affixing his signatures thereon. The signatures of the employee casting the vote shall also be obtained on the counterfoil of the Ballot Paper. The employee will cast his vote by putting a mark in camera by the stamp kept in polling booths for this purpose against the symbol of the union for which he wishes to vote. The Polling Officer/Polling Assistant will ensure that the Ballot Paper is put inside the box in his presence.


20. Record of election proceedings :
At each polling booth, a register (proforma at Annexure III) will be maintained wherein the entire proceedings followed during the election will be recorded. Such entries will be signed by the Polling Officer & Polling Agents of the respective Unions.
 
21. Security of Ballot Boxes :
After each day’s polling, the Ballot Boxes should be kept under the custody of the Polling Officer/Assistant Officer or an officer specially nominated for this purpose and should be properly guarded by deputing RPF/RPSF personnel. Similarly, while carrying the Ballot Boxes to the Presiding Officer (nominated ADRMs), proper guarding arrangements should be made.


22. Close of the polling :
After the close of the polling, the Polling Officer shall furnish detailed Ballot Paper account in the prescribed proforma(Annexure IV) indicating total Ballot Papers received, Ballot Papers used, unused Ballot Papers available etc. to the Presiding Officer. The sealed boxes will then be collected and carried with adequate security to the Divisional office where they will be deposited and then the Presiding Officer will take the custody of these ballot boxes.


23. Counting of votes :
The Ballot Boxes will be opened in the presence of the Presiding Officer and authorized Polling/ Counting Agents of the Unions. If the authorized Polling or Counting Agents of any Union do not present themselves at the appointed time & place during the polling or at the time of counting of votes, it will not invalidate the election or counting process and the polling & counting will proceed as per schedule.


24. Invalid votes :
The Ballot Paper will be considered invalid when :-
i) Mark is put against more than one Union/Symbol;
ii) Mark is put on the divider line; and
iii) The Ballot Paper contains any doubtful indication like name of the voter, signature, any form of written message, etc. In case of any dispute, decision of Presiding Officer will be final.


25. Election Report :
A statement, as per Annexure V, duly signed & certified by the Presiding Officer shall be dispatched in a sealed cover to the Returning Officer through Fax/or Special Messenger on day of counting itself.


26. Unused Ballot Papers :
The unused Ballot Papers will also be forwarded on the last day of poll to the Returning Officer via the presiding officer for retention & record.


27. Counting & Declaration of final result :
All sealed covers received from Presiding Officers containing election report & Postal Ballots received will be opened by Returning Officer in the presence of Union representatives to prepare & compile final election result (Proforma at Annexure VI). The result will be declared by the General Manager of the Zonal Railway. Any dispute regarding elections/counting of votes shall be raised on the day following the last day of the election/declaration of result. After expiry of this period, the result declared by the General Manager of the Zonal Railway will be treated as final.

All the contesting registered trade unions will have to give in writing that they would observe the Code of Discipline.

I. Management and Union(s) agree -

i) that no unilateral action should be taken in connection with any industrialmatter and that disputes should be settled at appropriate level ;

ii) that the existing machinery for settlement of disputes should be utilized with the utmost expedition ;

iii) that there should be no strike or lock-out without notice ;

iv) that affirming their faith in democratic principles, they bind themselves to settle all future differences, disputes, and grievances by mutual negotiation, conciliation and voluntary arbitration ;

v) that neither party will have recourse to (a) coercion, (b) intimidation, (c) victimization or (d) go-slow ;

vi) that they will avoid, (a) litigation, (b) sit-down and stay in strikes and (c) lockouts ;

vii) that they will promote constructive co-operation between their representatives at all levels and as between workers themselves and abide by the spirit of agreements mutually entered into ;

viii) that they will establish upon a mutually agreed basis, a grievance procedure which will ensure a speedy and full investigation leading to settlement ;

ix) that they will abide by various stages in the grievance procedure and take no arbitrary action which would by-pass this procedure ; and

x) that they will educate the management personnel and workers regarding their obligations to each other.

 
II. Managements agree -

i) not to support or encourage any unfair labour practice such as (a) interference with the right of employees to enroll or continue as Union members, (b) discrimination, restraint or coercion against any employee because of recognized activity of Trade Unions and (c) victimization of any employee and abuse of authority in any form ;

ii) to take prompt action for (a) settlement of grievances and (b) implementation of settlements, awards, decisions and orders ;

iii) to display in conspicuous places in the Railway offices the provisions of this Code in the local language (s) ;

iv) to distinguish between actions justifying immediate discharge and those where discharge must be preceded by warning, reprimand, suspension or some other form of disciplinary action and to arrange that all such disciplinary action should be subject to an appeal through normal grievance procedure ;

v) to take appropriate disciplinary action against its officers and members in cases where enquiries reveal that they were responsible for precipitation of action by workers leading to indiscipline.

III. Union(s) agree -

i) not to engage in any form of physical duress ;

ii) not to permit demonstrations which are not peaceful and not to permit rowdyism in demonstration ;

iii) that their members will not engage or cause other employees to engage in any Union  activity during  working  hours,  unless  as  provided  for by law, agreement or practice ;

iv) to discourage unfair labour practices such as (a) negligence of duty, (b) careless  operation,   (c)  damage  to  property  ,   (d)  interference  with  or disturbance to normal work and (e) insubordination ;

v) to take prompt action to implement awards, agreements, settlements and decisions ;

vi) to display in conspicuous places in the Union Offices, the provisions of this Code in the local language(s) ; and

vii) to express disapproval and to take appropriate action against office-bearers and members for indulging in action against the spirit of this Code.

Oct 30th 2007, by Guest
Trade Union have the backing of the workers.Today the changed conditions of the law makers' think tank is more on 'P P P' private party particiation.

This ideology has come to the forefront because the output of the working class in the Organized sector like the Rlys is not commensurate with the output of the private sector. So the solution is PPP.

The leaders of the Trade Unions should inculcate a sense of duty and discipline in the minds of the workers in such a way that the PPP slogan will gradually evaporate and the feeling of private participation only will bring better output and better turn over, this feeling should go and a feeling of 'work hard culture' like a private worker should be imbibed in the minds of the working class.

The Private working class has to give 100 to 120% of their talent to the management whereas the 'other sector' will only give much less output.

The operating ratio in our Railways vary. 80% in one Rly means out of 100 Rs 80 spent and 20 is the profit, 120% means for every 100 Rs, 120 is the money spent and a loss of Rs 20.

Stopping here.

Venkat from Madras, 20th 8.40 am.