Labour Court Database __________________________________________________________________________________ File Number: CD86568 Case Number: LCR10853 Section / Act: S20(1) Parties: GLASSFORM LTD - and - ITGWU |
Dispute concerning the Company's refusal to permit the Union's health and safety officer to visit the plant.
Recommendation:
5. The Court recommends that the union accepts the Company's
offer to make available to them past and future Reports of the
Factory Inspector and also the minutes of the meetings of the
Safety Committee.
Division:
Text of Document__________________________________________________________________
CD86568 THE LABOUR COURT LCR10853
SECTION 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10853
PARTIES: GLASSFORM LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning the Company's refusal to permit the Union's
health and safety officer to visit the plant.
Background:
2. In 1981 the Company established its plant at Graignamanagh,
Co. Kilkenny, to manufacture specialised glass containers for the
pharmaceutical industry. The Company currently employs twenty
four workers. Since 1983 the majority of the Company's workers
have been in the Union. During late 1984 and early 1985 the Union
made representations to the Company regarding various health and
safety matters. While the Company made changes as a result of the
Union's representations the Union considered that its health and
safety official should be allowed see the plant. In July, 1985,
the Union requested permission for its health and safety officer
to visit the production area of the plant. The Company declined
the Union's request. The Union then tried to have the matter
investigated by a Rights Commissioner but the Company would not
agree to an investigation. On 26th June, 1986, the Union referred
the matter to the Labour Court for investigation under Section
20(1) of the Industrial Relations Act 1969. A Court hearing was
held on 21st October, 1986, in Kilkenny.
Union's arguments:
3. (i) The Union's Industrial Engineering Department and its
Health and Safety Office have a good reputation for
its reasonable and fair minded dealings with
employers. They have contributed to stable industrial
relations in many employments. During their work they
see the most confidential work process and no
difficulties arise.
(ii) The Union acknowledges that the Company has striven to
remedy all its complaints. However, it considered it
must pursue this matter otherwise the Company would
soon let matters slip again.
(iii) The Union cannot accept the Company's arguments
regarding the confidentiality of the work process.
There have been visits to the plant by various people
other than Government Officials.
(iv) The workers are entitled to efficient representation
by the Union. This includes the benefit of advice
from the Union's Health and Safety Officer. The
Company's action is denying the workers' their
entitlements.
Company's arguments:
4. (a) The Company is precluded from allowing the Union's
Health and Safety Officer to visit the plant because
of the agreement under which it purchased its
machinery.
(b) The Company's Safety Committee acts on behalf of the
workforce in all matters relating to Health and
Safety. Members of the Safety Committee can accompany
the Factory Inspector from the Department of Labour on
his visits. They may also make recommendations for
changes. The Union is fully represented on the
Committee.
(c) The substantive issues which led to the initial
request from the Union for permission for its Health
and Safety Officer to visit the premises have long
since been resolved.
(d) The Company has always implemented recommendations of
a Factory Inspector in the area of safety. The
Factory Inspector's recommendations are available for
discussion with the Safety Committee.
(e) It is clear that the Union is only pursuing this
matter because it considers it a matter of principle
RECOMMENDATION:
5. The Court recommends that the union accepts the Company's
offer to make available to them past and future Reports of the
Factory Inspector and also the minutes of the meetings of the
Safety Committee.
~
Signed on behalf of the Labour Court
8th December, 1986 Nicholas Fitzgerald
T.O'M./P.W. Deputy Chairman