Labor Union - Law Dictionary Search Results
Home Dictionary Name: labor union Page: 5Practice
Practice, connotes repeated events but that will not affect the construction to be placed on the words 'unfair labour practice to dismiss or discharge, Hindustan Lever Ltd. v. Ashok V. Kate, AIR 1966 SC 285, p. 301, (see Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sch. IV, item 1).Practice, denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives and defines the right, State of Seraikella v. Union of India, AIR 1951 SC 253: 1951 SCR 474: 1951 SCJ 425.Practice, includes any practice relating to the carrying on of any trade by a person or an enterprise. [Competition Act, 2002 (92 of 2003), s. 2(m)]The form and manner of conducting and carrying on suits, actions, or prosecutions at law or in equity, civil or criminal, through their various stages, from the commencement to final judgment and execution, according to principles and rules laid down by the several Courts. As to the precise meani...
Victimisation
Victimisation, is a term of comprehensive import. Thus, if a person is made to suffer by treatment, it would amount to victimisation, Lakmat Newspapers Pvt. Ltd. v. Shankarprasad, (1999) 6 SCC 275.The word 'victimisation' in the context of industrial disputes is capable of two different interpretations: It connotes a person who became the victim of the employer's wrath by reason of his trade union activities; it also connotes a victim of unfair and arbitrary action. When a word has more than one interpretation, the interpretation which is in favour of the labour should be accepted as they are the poorer section of the people compared to the management. Therefore, the word 'victimisation' must be given its normal meaning of being the victim of unfair and arbitrary action, Workmen ofM/s. Willamson Magor & Co. Ltd. v. Williamson Magor & Co. Ltd., AIR 1982 SC 78 (81): (1982) 1 SCC 117. [Industrial Disputes Act (14 of 1947), Sch. 2, item 6]If a person is made to suffer by some exceptional t...
Conciliation
Conciliation, the settling of disputes without litigation, as (1) disputes between railway companies and freighters of goods, by the Minister of Labour under s. 31,commonly called the 'conciliation clause,' of the (English) Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25); or (2) disputes between employers and workmen by a conciliator appointed by the Minister of Labour under the Conciliation Act, 1896 (59 & 60 Vict. c. 30), as amended by the (English) New Ministers and Secretaries Act, 1916 (6 & 7 Geo. 5, c. 68), s. 2, and S.R. & O. 1917, No. (46), p. 419. The Minister is empowered to register 'conciliation boards' for a similar purpose. The Conciliation Act repealed the (English) Masters and Workmen (Arbitration) Act, 1824, the (English) Councils of Conciliation Act, 1867, and the (English) Arbitration (Masters and Workmen) Act, 1872, the Act of 1824 not having been enforced for half a century and the Acts of 1867 and 1872 not having been enforced at all. Consult Howell's Ha...
secondary boycott
secondary boycott : a boycott of an employer with which a union does not have a dispute that is intended to induce the employer to cease doing business with another employer with which the union does have a dispute compare primary boycott NOTE: Secondary boycotts are usually illegal under the National Labor Relations Act. ...
certification mark
certification mark Any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner, to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. Source: U.S. Patent and Trademark Office ...
good faith
good faith [translation of Latin bona fides] : honesty, fairness, and lawfulness of purpose : absence of any intent to defraud, act maliciously, or take unfair advantage [filed the suit in good faith] [negotiating in good faith] see also good faith exception, good faith purchaser compare bad faith NOTE: The meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the Uniform Commercial Code good faith is defined generally as “honesty in fact in the conduct or transaction concerned.” Article 2 of the U.C.C. says “good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.” Similarly, Article 3 on negotiable inst...
hybrid
hybrid : consisting of diverse components: as a : of, relating to, or being a lawsuit brought by an employee under the Labor Management Relations Act against both the employer for breach of contract and the union for breach of the duty of fair representation b : of, relating to, or being representation of a criminal defendant in which the defendant represents himself or herself with the assistance of a lawyer ...
minor dispute
minor dispute : a dispute between an employer and a union that under the Railway Labor Act can be resolved through interpretation of the existing collective bargaining agreement compare major dispute ...
right-to-work
right-to-work : of, relating to, or being a law prohibiting labor agreements that require all employees to be union members ...
Controlled industry
Controlled industry, means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest. [Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), s. 2 (1) (d); Also see Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), s. 2 (d); Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), s. 2 (1) (c); The Industrial Disputes Act, 1947 (14 of 1979), s. 2 (ee)]...
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