Labour Court Database __________________________________________________________________________________ File Number: CD86981 Case Number: LCR11047 Section / Act: S67 Parties: SHOWERINGS LTD - and - FWUI |
Claim by the Union for separate negotiating rights for three laboratory technicians.
Recommendation:
5. The Court, having considered the submissions made by the
parties recommends that the Company should recognise the right of
the Laboratory Technicians, as a distinct discipline, to be
represented by their union.
Division: Mr Fitzgerald Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86981 THE LABOUR COURT LCR11047
CC861614 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11047
PARTIES: SHOWERINGS (IRELAND) LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim by the Union for separate negotiating rights for three
laboratory technicians.
Background:
2. The Company is engaged in the brewing and bottling business
and is based at Clonmel and Dublin. It employs 47
clerical/administrative staff. This figure includes 3 laboratory
technicians. The three laboratory technicians are included in the
clerical/administrative group for negotiating purposes and until
mid 1986, were members of the Amalgamated Transport and General
Workers' Union (ATGWU). The Irish Transport and General Workers'
Union also represents clerical/administrative workers while the
Federated Workers' Union of Ireland (FWUI) represents supervisory
staff. In June, 1986, the three laboratory technicians joined the
FWUI because they felt their special position within the
clerical/administrative group was not recognised. The ATGWU did
not object to the transfer and it was approved by the Irish
Congress of Trade Unions. On 25th July, 1986 the Company wrote to
the FWUI stating that all future negotiations in the
clerical/administrative section (including laboratory technicians)
would be carried out as in the past with the ATGWU and ITGWU.
These Unions, it was stated, held negotiating rights for this
category of employees. The Company further stated that it sought
formal acceptance of this by the FWUI prior to agreeing to deduct
dues at source as had been requested, and the signing of the
Company Disputes Procedure. The FWUI was not agreeable to this
and sought to establish separate negotiating rights for the
laboratory technicians. No agreement being reached at local
level, the matter was referred to the conciliation service of the
Labour Court on 3rd October, 1986. A conciliation conference was
held on 11th December, 1986, the earliest date suitable to the
parties. No agreement was reached, however, and the matter was
referred to a full hearing of the Labour Court for investigation
and recommendation. A Court hearing took place on 13th February,
1987.
Union's arguments:
3. (i) The Union is satisfied with the disputes procedure
but considers that a separate agreement should be
drawn up solely for laboratory technicians, similar
to the one for supervisors.
(ii) The Union contends that the laboratory technicians
should not form part of the clerical/administrative
group and seeks separate negotiating rights for them.
In many other companies laboratory technicians are
recognised as a separate unit.
(iii) The laboratory technicians are seeking to progress a
case for separate classification for grading purposes
and for this reason joined the FWUI.
Company's arguments:
4. (a) As a result of a job evaluation exercise a job grading
structure was determined and agreed with the
ATGWU/ITGWU in 1977. Pay scales were also agreed for
the new structure - grade 1, grade 2 and grade 2A.
Laboratory staff have always been part of the clerical
administration section both in terms of structure and
pay conditions/terms and their current job grade is
grade 2. There are parallel situations throughout the
Company.
(b) The Company is multi-unionised and all sections are
formally represented by unions with long-established
negotiating rights. Fragmentation now would lead
unnecessarily to additional negotiating units which
would neither be to the benefit of employees or the
Company. The Company cannot under any circumstances
allow the dismantling of current union structures in
any section.
(c) Concession of the claim could have serious repercussive
effects.
(d) The Company has had a good industrial relations record
over the past 50 years indicating the success of the
existing collective bargaining structures.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties recommends that the Company should recognise the right of
the Laboratory Technicians, as a distinct discipline, to be
represented by their union.
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Signed on behalf of the Labour Court.