Labour Court Database __________________________________________________________________________________ File Number: CD87951 Case Number: LCR11700 Section / Act: S20(1) Parties: ORDER OF ST. JOHN OF GOD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Deduction of Union dues at source.
Recommendation:
4. In the absence of attendance by or submission from the Order,
the Court recommends concession of the claim.
Division: CHAIRMAN Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD87951 RECOMMENDATION NO. LCR11700
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: ORDER OF ST. JOHN OF GOD
ST MARY'S MENTAL HANDICAP CENTRE, DRUMCAR
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Deduction of Union dues at source.
BACKGROUND:
2. This claim was originally raised in 1980 at which time it was
rejected by management and subsequent attempts by the Union to
have the facility introduced failed. In 1986 the Union again
raised the question of deduction at source but was again turned
down. The Union attempted to refer the matter to the conciliation
service of the Labour Court but the Employers declined to attend.
The Union therefore referred the matter to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969. A Court
investigation into the dispute, at which the Employers were not
represented, was held in Dundalk on 16th February, 1988.
UNION'S ARGUMENTS:
3. 1. The overwhelming majority of employers operate a
deduction at source facility. Approximately 86% of workers in
membership of the Union are facilitated in this way. In the
particular case of the health service, all employing
authorities operate deduction at source facilities.
2. When the matter was raised in 1986 it appeared that if
the Central Administration of the Order had been willing to
sanction the introduction of a deduction at source facility
this would not have met any resistance at local level.
However, the Central Administration rejected this request.
3. The Order rejected all attempts to involve the Labour
Court in the dispute. This is unacceptable and is contrary to
good industrial relations practice.
4. All salaries in the Centre are paid by cheque and all
new employees are required to accept payment through the Pay
Path facility offered by the banks. This represents
considerable efficiency in the payment of wages and a high
degree of co-operation by the Centre staff resulting in
savings in the overall administration.
3. 5. In 1973 the Employer Labour Conference agreed that
deduction of union dues from wages was a desirable facility.
Now, fifteen years later, there is no good reason for
continuing to refuse it, even where this may result in some
initial administrative inconvenience. On balance the benefits
far outweigh any inconvenience which may result.
6. In the past the Centre has been able to arrange
deduction at source for contributions to fund-raising
activities.
RECOMMENDATION:
4. In the absence of attendance by or submission from the Order,
the Court recommends concession of the claim.
~
Signed on behalf of the Labour Court
John M Horgan
18th February, 1988 ----------------
R.B./U.S. Chairman