AIBOC CIRCULAR NO. 72 DATED 16.09.2009

Here is an important circular issued by AIBOC on fundamental rights of the Officers to strike. AIBOC has lodged its strong protest with IBA against its efforts to discriminate amongst the officers' fraternity.

The circular along with the protest communication sent to IBA is published here.

CIRCULAR NO: 72                                   16^th September, 2009  

TO ALL AFFILIATES/MEMBERS:

RIGHT TO STRIKE 

EFFORTS OF IBA TO DISCRIMINATE AMONGST

THE OFFICERS’ FRATERNITY

We have today sent a communication to the Chairman, Indian Banks’ Association expressing our resentment over the guidelines issued by them to all the Chief Executives of Public Sector Banks threatening some sections of our fraternity that participating in strike is not taken kindly by the IBA and has asked the individual managements to convey the same to them.

A copy of our communication is enclosed for information.

With Greetings,

Sd/-

(G.D.NADAF)

GENERAL SECRETARY

NO.1452/187/09                                            16.09.09

The Chairman,

Indian Banks’ Association,

Stadium House, Block II & III,

Vir Nariman Road, Church Gate,

Mumbai – 400 020.

Dear Sir,

PARTICIPATION OF OFFICERS IN THE STRIKE ACTION

Our attention has been drawn to your communication No. CIR/HR & IR/76/Q/2009-10/1224, Dated. 25th August 2009 forwarded to the Chief Executives of all the Banks where in certain guidelines purported to relate to the strike action by the Officers in the Banking Industry are indicated. We are surprised to note that, the communication while acknowledging the legitimate rights of the Officers to pursue their cause through trade union actions, instructs the banks to take certain stringent measures and to caution the Officers who participate in the strike, through an individual communication that the Management would be taking a serious view and in particular the Scale IV and above Officers who are part of the Management and are to be given extra caution conveying the displeasure of the Management of the Bank.

The Service Conditions as well as the working conditions of the Officers are designed on the basis of the bilateral settlements reached between the Confederation and the Indian Banks’ Association.  The Indian Banks’ Association represents the Management collectively while the Confederation, the Officers’ fraternity working in the entire Banking Industry. When the negotiations fail to yield any result, the Officers are left with no alternative except to agitate.  The members of the Confederation are expected to participate in the strike irrespective of their positions in the Bank.  The salary structure of the Officers starting from Scale I to Scale VII are decided through negotiations and there is no question of any discrimination between one category of Officers with the other category officers as regards the right of the Confederation to negotiate on salary structure and all other related matters.  The Confederation is responsible for the entire officers’ community in the banking industry and similarly the Officers irrespective of their position in the bank, are also duty bound to obey the call of the organization in pursuance of our demands collectively. The right to form unions and to strike is a fundamental right of every citizen.  The courts have upheld this position from time to time as per the provisions of the Constitution of India.  The Constitution provides the right to each and every employee to exercise his trade union rights and there is no differentiation between the different grade of Officers while providing this right in the Constitution of India.  We are amused to note your communication stating that the Scale IV and above are part of the top Management and hence they are not supposed to participate in the illegal strike.  We are also surprised that the draft letter which is to be a permanent guidelines for the banks have already stated that the future strikes are also illegal even without our issuing strike notice and also the purpose of the strike etc., This is in contravention of the constitutional guarantees/rights of citizens; as enshrined in Constitution of India.

The strike action is the result of the failure on the part of IBA to resolve some of the long pending issues before them.  The IBA is also equally responsible for the strike action by the employees and officers in the banking industry.  If the IBA/Managements resolve the issues in an amicable manner without any provocation – there could be no opportunity for the unions to resort to strike.  The strike actions in the banking industry are not resorted to by the Confederation for the heck of exercising the trade union rights of our members.  The Confederation therefore would like to express its protest against the communication sent by IBA indicating to the Managements of individual banks to threaten the senior officers for their participation in the strike.  This itself is highly provocative and calls for an organizational agitation by the Confederation and its affiliates.  The IBA is responsible for the harmonious industrial relations in the industry and should refrain from provoking the officers’ fraternity.  The Officers of the banking industry are working under trying conditions and, are under tremendous pressure and tension while taking care of the routine banking business as well as the competitive environment that is prevailing in the market.

Hence, we request you to kindly appreciate and understand the sentiments of the Officers working in the Banking Industry and avoid taking any precipitative action in the interest of cordial industrial relations in the banking industry.  Please arrange to withhold issue of individual letters to officers, as it amounts to unfair labour practice and provocation for Industrial unrest.  It is better if the arbitrary; retrograde and unilateral guidelines issued by IBA are withdrawn forthwith, with a view to ensure harmonious industrial relations atmosphere in the banking industry.

Please treat the matter as urgent,

Thanking you,

Yours faithfully,

sd/-

(G.D.NADAF)

GENERAL SECRETARY