Labour Court Database __________________________________________________________________________________ File Number: CD87477 Case Number: LCR11347 Section / Act: S20(1) Parties: CHADWICKS LTD - and - ASTMS |
Claim for Union recognition and negotiating rights.
Recommendation:
5. On the basis of the submissions made by the parties the Court
recommends that the Company concede full negotiating rights to the
Union on behalf of members employed in the categories stated.
Division: Mr O'Connell Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87477 THE LABOUR COURT LCR11347
SECTION 20(1) INDUSTRIAL RELATIONS ACT, 1969
RECOMMENDATION NO. LCR11347
Parties: CHADWICKS LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS')
and
ASSOCIATION OF SCIENTIFIC TECHNICAL AND MANAGERIAL STAFFS
Subject:
1. Claim for Union recognition and negotiating rights.
Background:
2. Chadwicks Limited is a builders providers business operating
from fourteen locations throughout the country. The Association
of Scientific Technical and Managerial Staff (A.S.T.M.S.) which
recruited into membership 6 out of 8 employees in the sales
division of the Dublin branch, and 4 out of 5 employees in the
credit control section is claiming recognition and representation
rights. The Company rejected the claim and stated that 75% of its
workforce is unionised with the Irish Transport and General
Workers' Union and the Amalgamated Transport and General Workers'
Union. The Company emphasised that it had no objection to the
A.S.T.M.S. per se; but to include it would be to further
complicate an already complicated industrial relations
environment. The Company has no objection in principle to the
unionisation of its workforce but it does object to the further
elaboration of its industrial relations structure. Exchanges of
correspondence at local level failed to resolve the issue. On
10th June, 1987 the Union referred the matter to the Labour Court
under Section 20(1) of the Industrial Relations Act, 1969. A
Court hearing took place in Dublin on 16th July, 1987. Prior to
the hearing the Union undertook to accept the recommendation of
the Court.
Union's arguments:
3. (i) The Union has dealt with this Employer before through
its national secretary and was involved in the
negotiations on the redundancies which occurred in the
Company in 1986.
(ii) The Union has 10 members in the credit control and
sales area of the Company's Dublin branch. (details
supplied to the Court). The Union also has members in
the managerial grade who do not wish to be named at
this time.
(iii) There is no other union involved in the credit control
or sales areas in the grades represented by the
A.S.T.M.S. The Union requests the Court to recommend
that the Company recognise the A.S.T.M.S. for the
purposes of negotiation, salaries and terms and
conditions of employment of its members.
Company's arguments:
4. (a) The number of unions and bargaining units in Chadwicks
Limited., is already excessive. It places great
demands on the Company's personnel resource which is
already greatly stretched.
(b) From a practical view point, the actual implications
for the Company in terms of dealing with a third union
representing three categories is ludicrous. It would
add significantly to what is already a complex
industrial relations environment.
(c) The Company has no objection in principle to the
unionisation of its workforce, but it does object to
the further elaboration of its industrial relations
structure. The extention of trade union representation
to a third union will significantly and adversely
affect the Company's industrial relations environment,
and because of the categories involved, could well lead
to inter union strife.
(d) In particular, the Company does not wish to inhibit any
employees constitutional right to freely associate, and
to this end, believes that there already exists within
the Company, a trade union structure which gives ample
opportunity for any employee to obtain union
representation. The Company understands that both the
A.T.G.W.U. and the I.T.G.W.U. adequately represent the
rights and interest of these categories of employees
referred to by the A.S.T.M.S., in many other
employments.
(e) With regard to sales representatives, a number of this
category are in membership of both the A.T.G.W.U. and
the I.T.G.W.U. This factor has significant
implications for the Company, and is particularly
relevant.
(f) It should be clearly stated that Chadwicks Limited.,
has no objection to the A.S.T.M.S. as a trade union.
It is only the introduction of ANY third union that the
Company opposes. This is confirmed by the fact that on
the previous occasion, on an issue relating to the
dismissal of an employee, the Company met with the
A.S.T.M.S. at a Rights Commissioner's hearing, and
reached an agreement with the Union on that issue.
(g) It is the Company's genuinely and firmly held belief
that it would be wholly inappropriate for any third
union to be granted negotiating rights. The Company
does not wish and does not intend to supress any
employee's rights, but believes that those concerned
can find an alternative mechanism for dealing with
their individual and collective grievances within the
existing industrial relations framework in Chadwicks.
For these reasons, the Company would respectfully
request the Court to reject the A.S.T.M.S. claim for
recognition.
RECOMMENDATION:
5. On the basis of the submissions made by the parties the Court
recommends that the Company concede full negotiating rights to the
Union on behalf of members employed in the categories stated.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
Deputy Chairman
30th July, 1987
P.F./J.C.