Labour Court Database __________________________________________________________________________________ File Number: CD87792 Case Number: LCR11495 Section / Act: S67 Parties: N. HANLON IRELAND LTD. - and - ITGWU |
Dispute concerning lay-off and re-employment.
Recommendation:
The Court recommends to both parties that in order to achieve an
early resumption of work, the following proposals should be
accepted in total.
1. The Company/Union agreement should be amended in Clause 1 by
the addition of the following sentence
"The Company recognises the Union's sole right and
responsibility to represent its members effectively in
all matters relating to conditions of employment covered
by this agreement".
2. Clause 12 of the agreement should be amended by the addition
of the following two sentences:
"The Union is not opposed to Management's right to manage
in the most efficient and viable way. In a situation of
lay-off or redundancy, regard must be had to the most
efficient operation across a range of skills and
notwithstanding this, all things being equal, seniority
will apply."
3. The Company gives an assurance that all industrial relations
issues will be dealt with speedily and fairly through
procedures.
4. Both sides agree that there will be no victimisation of
customers, suppliers or employees in any way.
5. The Labour Court will act as guarantor of the implementation
of this recommendation and, should any problem arise, either
side may appeal to the Court that its provisions are not being
implemented by the other side.
6. Employees who returned to work during the strike or who were
newly recruited during the strike will be regarded as "red
circled". They may at any time in the future apply for
re-admission to the Union and such applications will be dealt
with in accordance with the rules of the ITGWU. All employees
recruited in future will be required to conform completely
with the terms of the existing agreement regarding Union
membership.
7. The period of the dispute will be deemed not to be a breach of
service and full continuity will apply for all purposes
including holidays. Where an employee wishes not to take the
holiday entitlement under this Clause, the Company will pay
holiday pay in lieu in three equal instalments at the time of
the next three annual holidays.
8. The Company should indicate by Tuesday the 3rd November its
acceptance of this recommendation and also indicate the date
on which all employees who were employed in November 1986 (and
who have not withdrawn the P.45 form) should return to work.
The Union should then ballot its members on these proposals.
If they are accepted the Company should so inform the
Department of Social Welfare and place the employees on
lay-off until the resumption date. The Union should agree
that during the period of lay-off a limited small number of
its members may return to work solely for the purpose of
preparing for the full resumption on the specified date.
Should any disagreement arise on this matter the Court will
decide the issue in advance.
9. The Company agrees to process individual tax refunds as soon
as possible.
10. The Company agrees that on resumption it will meet with the
Union at an early date to discuss a general wage claim.
Division: CHAIRMAN Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87792 THE LABOUR COURT LCR11495
Section 18 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11495
Parties: N HANLON (IRELAND) LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
Dispute concerning lay-off and re-employment.
Background:
On the 22nd October, 1987 the Court decided under Section 18 of
the Industrial Relations Act, 1969 to intervene in a dispute which
had been in progress since the 11th May, 1987. The Court hearing
took place on 28th and 29th October, 1987.
Recommendation:
The Court recommends to both parties that in order to achieve an
early resumption of work, the following proposals should be
accepted in total.
1. The Company/Union agreement should be amended in Clause 1 by
the addition of the following sentence
"The Company recognises the Union's sole right and
responsibility to represent its members effectively in
all matters relating to conditions of employment covered
by this agreement".
2. Clause 12 of the agreement should be amended by the addition
of the following two sentences:
"The Union is not opposed to Management's right to manage
in the most efficient and viable way. In a situation of
lay-off or redundancy, regard must be had to the most
efficient operation across a range of skills and
notwithstanding this, all things being equal, seniority
will apply."
3. The Company gives an assurance that all industrial relations
issues will be dealt with speedily and fairly through
procedures.
4. Both sides agree that there will be no victimisation of
customers, suppliers or employees in any way.
5. The Labour Court will act as guarantor of the implementation
of this recommendation and, should any problem arise, either
side may appeal to the Court that its provisions are not being
implemented by the other side.
6. Employees who returned to work during the strike or who were
newly recruited during the strike will be regarded as "red
circled". They may at any time in the future apply for
re-admission to the Union and such applications will be dealt
with in accordance with the rules of the ITGWU. All employees
recruited in future will be required to conform completely
with the terms of the existing agreement regarding Union
membership.
7. The period of the dispute will be deemed not to be a breach of
service and full continuity will apply for all purposes
including holidays. Where an employee wishes not to take the
holiday entitlement under this Clause, the Company will pay
holiday pay in lieu in three equal instalments at the time of
the next three annual holidays.
8. The Company should indicate by Tuesday the 3rd November its
acceptance of this recommendation and also indicate the date
on which all employees who were employed in November 1986 (and
who have not withdrawn the P.45 form) should return to work.
The Union should then ballot its members on these proposals.
If they are accepted the Company should so inform the
Department of Social Welfare and place the employees on
lay-off until the resumption date. The Union should agree
that during the period of lay-off a limited small number of
its members may return to work solely for the purpose of
preparing for the full resumption on the specified date.
Should any disagreement arise on this matter the Court will
decide the issue in advance.
9. The Company agrees to process individual tax refunds as soon
as possible.
10. The Company agrees that on resumption it will meet with the
Union at an early date to discuss a general wage claim.
~
Signed on behalf of the Labour Court
30th October, 1987 John M Horgan
DH/PG Chairman