Labour Court Database __________________________________________________________________________________ File Number: CD87790 Case Number: LCR11658 Section / Act: S20(1) Parties: DE BEERS INDUSTRIAL DIAMOND DIVISION (IRELAND) - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION;NATIONAL ENGINEERING AND ELECTRICAL TRADES UNION;AMALGAMATED UNION OF ENGINEERING WORKERS;ELECTRICAL TRADES UNION |
2. Claim by the Unions for the deduction of Union contributions at source.
Recommendation:
6. The Court notes that the Company declined an invitation to
attend the hearing. In view of Labour Court Recommendation No.
7508, the Court recommends that the parties agree a method of
introducing a check-off system to be implemented not later than
1st April, 1988.
Division: Ms Owens Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD87790 RECOMMENDATION NO. LCR11658
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DE BEERS INDUSTRIAL DIAMOND DIVISION (IRELAND)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
NATIONAL ENGINEERING AND ELECTRICAL TRADES UNION
AMALGAMATED UNION OF ENGINEERING WORKERS
ELECTRICAL TRADES UNION
SUBJECT:
2. Claim by the Unions for the deduction of Union contributions
at source.
BACKGROUND:
2. The Company is involved in the processing of natural and
synthetic industrial diamonds and employs approximately 300
workers.
3. In October, 1981, the Unions lodged a claim for the deductions
of Union contributions at source. The Company rejected the claim,
indicating that its concession would necessitate the employment of
an extra worker. The claim was the subject of a Labour Court
hearing on 27th August, 1982. The Court in Recommendation No.
7508, dated 15th October, 1982, recommended as follows:-
"While it is apparent to the Court that the Company by its
attitude to date has reached a unilateral decision regarding
this issue, the Court, having regard to its function under
Section 20(i) of the Industrial Relations Act, 1969 makes the
following recommendation.
The Court has considered the various points put to it in the
Union's submission. It has also considered the developing
trend within industry towards the operation of the check-off
system - this particular issue being in fact the subject of
an Employer-Labour Conference Recommendation in June, 1973.
While it is acknowledged that the said recommendation does
not imply that there must be a positive response by an
employer to a request for the introduction of the check off
system it is the opinion of the Court, that where such a
request is made, favourable consideration should be given to
it. The Court therefore, recommends in the interests of good
industrial relations that the parties meet as soon as
possible at local level to discuss the issue with a view to
overcoming whatever current difficulties exist against
introducing the system."
4. On 23rd November, 1982, the Unions wrote to the Company
seeking a meeting to discuss the Court's Recommendation. The
Company, on 6th January, 1983 replied that such a meeting would
not serve any useful purpose. The Unions re-submitted the claim
in 1986, under the terms of the 27th Wage Round. Again the
Company rejected the claim. The Unions referred the matter to the
conciliation service of the Labour Court, however, the Company
declined to attend a conciliation conference held on 30th
September, 1987. On 20th October, 1987, the Unions referred the
matter to the Labour Court for investigation and recommendation
under Section 20(1) of the Industrial Relations Act, 1969. Prior
to the Court hearing on 9th December, 1987, in Limerick the Unions
agreed to be bound by the Court's Recommendation. The Company
declined to attend the hearing.
UNIONS' ARGUMENTS:
5. 1. The deduction of union contributions at source is widely
accepted throughout industry. The cost to the Company of
implementing the system would be minimal. Indeed, the Company
already operate deductions at source for other items. The
Unions do not accept that it would necessitate the hiring of
an additional worker.
2. The Unions believe that the real reason for refusing is to
undermine the Unions' structures in the Company. The Unions
are operating under sufferance in the Company, and if
deductions at source were implemented it would give the Unions
a recognition that would not be welcomed by the Company.
3. The Unions' have followed all the procedures and have
acted in accordance with the Court's Recommendation No. 7508,
however, the Company refuse to discuss the matter.
RECOMMENDATION:
6. The Court notes that the Company declined an invitation to
attend the hearing. In view of Labour Court Recommendation No.
7508, the Court recommends that the parties agree a method of
introducing a check-off system to be implemented not later than
1st April, 1988.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________________
22nd January, 1988.
B.O'N/J.C. Deputy Chairman