Labour Court Database __________________________________________________________________________________ File Number: CD87408 Case Number: LCR11314 Section / Act: S20(1) Parties: IRISH NATIONWIDE BUILDING SOC. - and - ASTMS |
Dispute concerning the question of recognition and negotiating rights.
Recommendation:
5. The Court is satisfied that the Union has members employed in
the Society and recommends therefore that the Society recognise
the Union for the purpose of negotiating on behalf of those
members.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87408 THE LABOUR COURT LCR11314
SECTION 20(1) INDUSTRIAL RELATIONS ACT, 1969
RECOMMENDATION NO. LCR11314
Parties: IRISH NATIONWIDE BUILDING SOCIETY
and
ASSOCIATION OF SCIENTIFIC TECHNICAL AND MANAGERIAL STAFFS
Subject:
1. Dispute concerning the question of recognition and negotiating
rights.
Background:
2. In April, 1987 a number of staff in the Society joined the
Union. On 22nd April, 1987 the Union wrote to the Society seeking
discussions regarding the workers current situation with
particular reference to proposed redundancies. The Society
replied that it had no indication from any member of the staff
that they had joined the Union and were seeking to be represented
by it. The Society sought a list of the names of members. The
Union was not prepared to submit such a list and sought to refer
the matter to the conciliation service of the Labour Court. The
Society declined to attend a conciliation conference. On 12th
May, 1987 the Union referred the question of recognition and
negotiating rights to the Labour Court under Section 20(1) of the
Industrial Relations Act, 1969 for investigation and
recommendation. A Labour Court hearing was held on 10th June,
1987. The Society did not attend this hearing but did make a
submission to the Court. Prior to the hearing the Union gave an
undertaking to accept the recommendation of the Court.
Union's arguments:
3. (i) The workers have the right to join a trade union and be
represented by it.
(ii) The Union was not prepared to submit the list of
members, as the workers feared that they may be
selected for redundancy because of their Union
membership.
(iii) The Union has a number of members in the Company.
(iv) The Society mentions another union representing staff
members some years ago. The Union wishes to point out
that it was also the union involved some years ago.
Society's arguments:
4. (a) The Union has no members in either the Society's head
office or any of its branch offices. Therefore, there
is no requirement or justification for formal trade
union negotiations to be established in the
organisation. In the circumstances, there could be no
justification for granting negotiating rights to the
Union.
(b) The Court should also note that in the past, some staff
members were represented by another union, and certain
staff members may still be in this union. Given this
background, it would be wholly inappropriate for the
Court to grant negotiating rights to the Union.
(c) When the question of Union negotiating rights first
came to the Society's attention, efforts were made to
establish if there were any grievances which would
require attention, or if there were any other grounds
that might warrant the intervention of the Union. The
Society has satisfied itself in that regard, that no
such grounds exist in the head office and branch
offices throughout the country. Furthermore, the
Society operates open procedures for dealing with any
normal grievances, and these are effectively handled.
(d) The Society recognises the constitutional right of
freedom of association, however, there is no such
reciprocal requirement that an employer must recognise
a trade union. Given the Society's investigation into
the requirements for a trade union and the procedures
and mechanisms for handling all industrial relations
issues, there is no warranted need or requirement to
have trade union representation by the Union.
RECOMMENDATION:
5. The Court is satisfied that the Union has members employed in
the Society and recommends therefore that the Society recognise
the Union for the purpose of negotiating on behalf of those
members.
~
Signed on behalf of the Labour Court
John O'Connell
___14th___July,___1987. ___________________
T. O'M. / M. F. Deputy Chairman