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36. Verification of the strength of membership of rival unions seeking recognition has been beset with problems. Under the Code of Discipline ratified by all Central Employees and Workers Organisation at the 16th Indian Labour Conference held in 1958, an Implementation Machinery was set up. That code of Discipline includes provisions for Recognition of Unions in Chapter V of the Code. It is provided therein that it is the responsibility of 'implementation Units' to ensure that recognition is granted to unions by managements wherever they satisfy the prescribed criteria. The criteria are set out in Annexure I to the Code. One of the criteria is that membership of the Union should cover at least fifteen per cent of the workers in the establishment concerned.

37. Unions and employers governed by the Code of Discipline are required to follow the Procedure for verification of membership for purpose of recognition set out in Appendix IV to the Code. The Chief Labour Officer at the Centre or the State Labour Commissioner is to carry out such verification at the request of the Implementation Machinery/officer. Unions seeking recognition are required to produce their lists of members and other records, after which verification is carried out. The Railways has not subscribed to the Code of Discipline.