Labour Court Database __________________________________________________________________________________ File Number: CD88257 Case Number: LCR11890 Section / Act: S20(1) Parties: DHL INTERNATIONAL (IRELAND) LIMITED - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim on behalf of six driving staff for: (a) the establishment of recognised representation and negotiation procedures for Company employees represented by the Union, (b) re-negotiation and amendments to the Contracts of Employment, (c) establishment of agreed procedures concerning the availability and arrangements for taking annual leave.
Recommendation:
6. The Court has carefully considered the submissions made by the
parties. The Court recommends that the Company recognise the
Union's right to represent those employees which it has in
membership. The Court also recommends that both parties discuss
the conclusion of a procedural agreement between them.
Division: Mr Fitzgerald Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88257 RECOMMENDATION NO. LCR11890
INDUSTRIAL RELATIONS ACT, 1946 TO 1976
SECTION 20(1)
PARTIES: DHL INTERNATIONAL (IRELAND) LIMITED
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim on behalf of six driving staff for:
(a) the establishment of recognised representation and
negotiation procedures for Company employees represented
by the Union,
(b) re-negotiation and amendments to the Contracts of
Employment,
(c) establishment of agreed procedures concerning the
availability and arrangements for taking annual leave.
BACKGROUND:
2. The Company is a subsidiary of a world-wide group of companies
providing an international Air Express service on behalf of its
customers. It has sixty employees in Ireland and some 18,000 in
associated companies worldwide.
3. Drivers employed by DHL initially joined the No. 7 Branch of
the F.W.U.I. in September, 1987. When local discussions could not
be arranged the Union referred the matter to the Labour Court.
The Company was invited to attend a conciliation conference but
declined without first being provided with the names of the staff
who had joined the Union. At this stage the drivers transferred
to the No. 12 Civil Aviation Branch of the Union. The names of
the Union members were forwarded to the Company and a conciliation
conference was sought but the Company again declined to attend on
the grounds that it was not aware of any dispute between DHL and
the F.W.U.I. The Union subsequently referred the matter to the
Labour Court under Section 20(1) of the Industrial Relations Act,
1969, on the 25th March, 1988, agreeing beforehand to be bound by
the Court's recommendation. A Court hearing was held on the 19th
May, 1988 (earliest suitable date).
UNION'S ARGUMENTS:
4. 1. The Union requests the Court to recommend that:
- the Company should recognise the employees' right to be
members of and represented by a trade union,
- the Company should accordingly agree to meet and
negotiate with the Union on issues affecting its
members in the employ of DHL,
- the Company should agree to enter immediate discussions
with the Union with a view to establishing grievance
and disciplinary procedures in line with good
industrial relations practice in the area,
- the Company should at an early date, negotiate
constructively with the Union on the claim for
amendments to the driving regulations and on the
establishment of agreed procedures for the allocation
of annual leave.
These latter two points could possibly be done with the
assistance of one of the Labour Court's Industrial Relations
Officers.
COMPANY'S ARGUMENTS:
5. 1. The Company's business success and indeed its survival
rests on its ability to react quickly to new situations in a
very rapidly changing business environment. The Company must
be able to discuss local changes rapidly and in detail on a
individual basis. It cannot therefore afford to have any
employee hand over their discussion/decision making to a third
party or collective group. It must retain its flexibility on
local issues through individual approaches to individual
variations on any problem.
2. Worldwide policy or at least European or regional policy
often dictates what happens within DHL Ireland. It is felt
that to recognise some 6% of Irish employees (less than 0.3%
of the regional employees and 0.02% of worldwide employees) on
a collective agreement basis would be highly inappropriate.
The Union could not serve any useful purpose in trying to
directly negotiate on someone's behalf with DHL within this
context. The Company views individual communication via local
management as the only feasible channel.
3. The Company has produced a detailed employees
handbook/manual, a copy of which is supplied to each member of
the staff. Included in the handbook/manual are details of the
rules adopted by the Company in relation to disciplinary
matters and other important matters concerning the
relationship between the Company and its employees.
4. The Company has adopted a policy of promotion among the
ranks of its own employees, thus providing an opportunity to
all its employees to secure rapid and significant advancement.
For example all Sales and Operations Managers and Supervisors
in Ireland are internal promotions.
5. The Company has adopted a continuous programme for the
improvement of the employees' conditions of employment.
Recently the Company has introduced a pension scheme to which
the Company contributes 78% of the contributions. The scheme
also provides for free life insurance for the level of twice
the employee's current salary. The scheme also includes a
disability benefit and sick pay scheme which secures the
employee's salary to the extent of two thirds thereof until
the employee reaches the age of 65. During the period of
disability the employee's contributions to the pension scheme
are automatically covered.
6. The Company has maintained a policy of communication and
discussion with all of its employees taking steps to ensure
that they are continually advised of the Company's progress
and of the contribution made by them.
7. Since commencement of trading the Company has conducted
negotiations in respect of remuneration and other matters with
its employees on an individual basis maintaining at all times
an employee's right to confidentiality as to the terms of his
or her employment. The Company encourages and invites
discussions with its employees in respect of any matters with
which the employee has cause for concern or disquiet.
8. While the Company recognises the rights of its individual
employees to become members of or affiliated to a Union or
other Association it does not propose to enter into
negotiations with the Federated Workers Union of Ireland or
any other Association.
RECOMMENDATION:
6. The Court has carefully considered the submissions made by the
parties. The Court recommends that the Company recognise the
Union's right to represent those employees which it has in
membership. The Court also recommends that both parties discuss
the conclusion of a procedural agreement between them.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
________________________
14th June, 1988. Deputy Chairman
D.H./J.C.