Labour Court Database __________________________________________________________________________________ File Number: CD88324 Case Number: LCR11917 Section / Act: S20(1) Parties: BARCLAY'S BANK PLC - and - MANUFACTURING SCIENCE FINANCE |
Claim by the Union for recognition of negotiation rights on behalf of its members employed by the Bank.
Recommendation:
7. The Court has carefully considered the submissions made by the
parties and recommends that the Company recognises the Union's
right to represent those employees which they have in membership.
Division: Mr Fitzgerald Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88324 RECOMMENDATION NO. LCR11917
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: BARCLAY'S BANK PLC
(Represented by the Federated Union of Employers)
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim by the Union for recognition of negotiation rights on
behalf of its members employed by the Bank.
BACKGROUND:
2. In March, 1988, the Union wrote to the Bank informing them
that it had taken into membership certain members of staff and
sought a meeting with Management seeking negotiation rights and
discussions on the implementation of a procedural agreement.
3. In response the Bank sought a list of the names of the Union
members. The Union declined to accede to this request and no
meeting took place between the parties on the issue.
4. The Union sought an investigation and recommendation by the
Labour Court under Section 20(1) of the Industrial Relations Act,
1969. The Union agreed to be bound by the Court's recommendation.
A Court hearing was held on 27th May, 1988.
UNION'S ARGUMENT:
5. 1. The Union represents staff and has recognition and
negotiating rights in Barclays Bank Ireland Limited (BBIL)
which is a subsidiary of Barclays PLC. Both banks are now
situated in the one building and have the same management.
Thus there is a situation whereby Management recognises the
Union as representing one group of workers' while refusing to
recognise the Union for another group even though both groups
are situated in the same location. In the circumstances the
Union asks the Court to recommend recognition of the Union in
Barclays Bank PLC.
BANK'S ARGUMENTS:
6. 1. Barclays Bank PLC is a worldwide organisation and is
regarded globally as being a good employer. The Bank's
policy in regard to trade union membership and employees
rights is clearly stated on page 4 of the booklet covering
staff terms and conditions in Ireland (details supplied to
the Court) and the Bank categorically denies that any
pressure has, or will be, put on members to withdraw from
membership of the Union.
2. Although the Union refused to supply a list of their
members they indicated verbally that they had received around
15 applications for membership. The total number of
employees employed by Barclays Bank PLC Dublin is 68 and the
Bank does not consider the number intimated by the Union to
be a "substantial" number, and certainly not representative
of the majority of its staff.
3. The vast majority of the Bank's staff have not expressed
any wish or desire to belong to a trade union and the Bank
believes this is due to the fact that they are satisfied that
the procedures it has in place for dealing with terms and
conditions of employment, staff grievances, salaries,
benefits and cost of living awards, more than adequately
cover their interests and the individual rights of all of its
employees.
4. The Union's request for recognition and a procedural
agreement is on behalf of an undisclosed small minority of
the Bank's staff and the Bank, in declining the Union's
request, is fulfilling its obligation and responsibility to
the vast majority of its staff who have expressed no wish for
union representation.
RECOMMENDATION:
7. The Court has carefully considered the submissions made by the
parties and recommends that the Company recognises the Union's
right to represent those employees which they have in membership.
~
Signed on behalf of the Labour Court
24th June, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman