Our trade union in Mangalore wants to go on strike, what legal procedure must we follow?

Detailed Legal Analysis

To legally initiate a strike in Mangalore, your trade union must adhere to the procedures outlined in the Industrial Disputes Act, 1947, particularly Section 22 and Section 23.

Here are the steps and requirements your union should follow:

• Notification of Strike: A minimum of 14 days' notice must be given to the employer before the strike can commence. This notice should be in writing and must specify the reasons for the strike.
• Proper Documentation: Prepare the notice of strike that includes:
  • The name of the trade union.
  • The nature of the dispute that has led to the strike.
  • The date on which the strike is proposed to commence.
• Approval from Union Members: Ensure that the decision to strike is backed by a majority of union members. A secret ballot may be conducted to gauge the support.
• Negotiation Attempts: Before going on strike, it is advisable to attempt negotiations with the employer to resolve the dispute amicably. This may involve mediation through the Labour Department.
• Strike Preparation: Once the notice period has lapsed, prepare for the strike:
  • Organize picketing and mobilize union members.
  • Ensure that the strike is peaceful and does not involve any violence or intimidation, as per Section 10 of the Industrial Disputes Act.
• Compliance with Local Laws: Be aware of any additional local regulations or requirements laid down by the Karnataka government or local authorities regarding strikes and protests.
• Post-Strike Procedures: After the strike, the union should be prepared for negotiations to resolve the issues that led to the strike and ensure proper communication with all members regarding the outcomes.

Failure to adhere to these legal requirements can result in the strike being declared illegal, and participants may face repercussions under the Industrial Disputes Act, including penalties or disciplinary action from the employer. It is advisable to consult with legal experts or labor law practitioners to navigate the complexities of labor relations effectively.