Labour Court Database __________________________________________________________________________________ File Number: CD86741 Case Number: LCR10899 Section / Act: S20(1) Parties: AGA KHAN'S STUD - and - FWUI |
Union recognition.
Recommendation:
6. This case was referred by the Union under Section 20(1) of
the Industrial Relations Act, 1969, following the failure of the
employer to attend at conciliation. The employer again refused
the direct invitation of the Court to attend at hearings and in
these circumstances the Court was forced to proceed in their
absence.
The Court is satisfied that the Union's claim for recognition is
well founded and recommends that the employer should negotiate
with the Union in respect of the specified number of members
wishing to be represented by the Union.
Division:
Text of Document__________________________________________________________________
CD86741 THE LABOUR COURT LCR10899
Section 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10899
PARTIES: H. H. THE AGA KHAN'S STUDS
AND
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Union recognition.
Background:
2. The Union says that a number of the workers employed by the
Studs are members of the Union. Accordingly it served claims on
the Studs for a wage increase for these workers and a general
review of their conditions of employment, plus a claim for Union
recognition to negotiate the pay and conditions of its members.
The Studs were not prepared to recognise the Union and as the
Studs failed to discuss the matter with the Union either at local
or Labour Court conciliation level the Union referred the matters,
under Section 20(1) of the Industrial Relations Act, 1969, to the
Labour Court for investigation and recommendation. Prior to the
investigation the Union undertook to accept the recommendation of
the Court. The Court investigated the dispute on 17th October,
1986. At the Court hearing the Union stated that the only claim
before the Court was the claim for Union recognition.
3. The Studs were not represented at the hearing; having
advised the Court to this effect by letter of 2nd October, 1986.
The Court sent a copy of the Union's submission to the Studs on
21st October, 1986, in order that it be afforded the opportunity
to comment on the Union's position. The Studs' reply was received
on 7th November, 1986, the contents of which have been noted by
the Court.
Union's arguments:
4. (i) The Union is claiming the basic right of trade union
recognition for its members. It does not accept the
Studs' facile argument about a multiplicity of
unions. In actual fact the Union would be willing to
discuss a closed shop agreement with the Studs in
order to avoid that.
(ii) As can be seen from the correspondence between the
Union and the Studs, (details supplied to the Court)
a dispute does exist whether the Employer accepts it
or not.
(iii) Trade union recognition is now a basic constitutional
right in our society, hard won in bitter struggle
down the years. Therefore the Union trusts that the
Court will recommend in its favour.
RECOMMENDATION:
6. This case was referred by the Union under Section 20(1) of
the Industrial Relations Act, 1969, following the failure of the
employer to attend at conciliation. The employer again refused
the direct invitation of the Court to attend at hearings and in
these circumstances the Court was forced to proceed in their
absence.
The Court is satisfied that the Union's claim for recognition is
well founded and recommends that the employer should negotiate
with the Union in respect of the specified number of members
wishing to be represented by the Union.
~
Signed on behalf of the Labour Court.
Evelyn Owens
______________________
7th January, 1987
T. McC. / M. F. Deputy Chairman