Labour Court Database __________________________________________________________________________________ File Number: CD88249 Case Number: LCR12024 Section / Act: S67 Parties: ANGLO IRISH BEEF PACKERS (CAHIR) - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union for sole negotiating rights and deduction of union dues.
Recommendation:
5. Having regard to the present improvement in industrial
relations at the plant and the fact that the absence of a formal
agreement on the issues in question is not posing any apparent
problems, the Court recommends that the matters be left over for
discussion at a later date when confidence between the parties has
been fully established.
Division: Mr O'Connell Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD88249 RECOMMENDATION NO. LCR12024
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ANGLO IRISH BEEF PACKERS (CAHIR)
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim by the Union for sole negotiating rights and deduction
of union dues.
Background:
2. The origins of the claim date back to 1983 when there was an
industrial dispute concerning the proposed introduction of a
comprehensive Company/Union agreement. Following lengthy
negotiations, it was agreed to implement the agreement for a trial
period of six months and subsequently for a further twelve months.
This agreement remained in operation until November, 1984. The
Union was still unhappy with several aspects of the agreement and
at a meeting on the 6th December, 1984, the Union informed the
Company that it would be withdrawing from the agreement. At a
further meeting on the 12th December the Company put forward in
writing the following two alternatives for the Union to consider:
(a) the existing work rules and conditions of employment will
continue in force until either
(i) it is replaced by a mutually agreed alternative, or
(ii) the grievance procedure has been exhausted to the point
of the issuance of a Labour Court recommendation,
whichever comes soonest.
(b) the works rules and conditions of employment expired on the
30th November, 1984.
The Union opted for the latter alternative and the agreement was
duly deemed terminated. The Company claim that this decision was
taken with the full knowledge on the Union's part that it would
result in Deduction at Source (DAS) and compulsory Union
membership ceasing.
The Company then implemented a revised version of the rules, four
clauses of which were referred to the Labour Court (LCR10135
refers). The parties version of what happened after the issue of
this recommendation differs. The Union claims that as the Court
only conceded one of the four claims, its members rejected the
Court's findings and that it wasn't until after a conciliation
conference in June, 1987 that they finally accepted the Company's
document, incorporating the recommendation as a working agreement.
This acceptance was conveyed to the Company in July, 1987. The
Company, however, argue that it was never notified of the Union's
acceptance or rejection of the recommendation until July, 1987.
The Union claim that in September, 1987, the Company raised the
issue of a new agreement and that this resulted in local level
discussions in October. No agreement was reached and the matter
was referred to conciliation. At a conciliation conference on the
26th November it was agreed that the Company would draft a new
document, following which there would be a resumption of talks at
local level. In January, 1988, the Union sought to have the
clauses relating to its negotiating rights and deduction at source
facilities included in the agreement. The Company was not
agreeable and the matter was referred to the conciliation service
of the Labour Court. A conciliation conference on the 4th March
failed to resolve the dispute and on the 29th March it was
referred to the Labour Court for investigation and recommendation.
A Court hearing was held on the 30th August, 1988.
Union's arguments:
3.1 The Company is part of the Goodman Group which has other
plants in Bagnelstown, Nenagh, Dundalk, Waterford as well as
a plant which was acquired recently in Rathkeale, Co
Limerick. In all these plants, full recognition as well as
deduction at source facilities are afforded to the unions
involved.
3.2 As well as the local agreements in the various plants, an
agreement exists at Group level which defines the issues
which are appropriate to the Group negotiations, i.e. common
pay increases or common improvements in conditions
ofemployment and those which should be dealt with in
accordance with the terms of the local agreements. Both the
Goodman Group and the Cahir plant are extremely important in
terms of the beef industry and the Union is anxious to
maintain a constructive and positive relationship with the
Group in all its plants, including Cahir.
3.3 The Court will be aware of the Employer-Labour Conference
report on the check-off system for Union contributions in
which it recommends that employers should give sympathetic
and favourable consideration to unions' requests for its
introduction. Furthermore, the Court subsequently endorsed
this report.
3.4 The Union requests the Court to recommend that both clauses
be re-inserted into the agreement so that a positive, more
constructive relationship can be restored to the Cahir plant.
Company's arguments:
4.1 In December, 1984, despite efforts by the Company to persuade
it to follow an alternative course of action, the Union
decided that the Company/Union agreement should be
terminated. The Company clearly outlined in writing to the
Union the consequences of such action in relation to
compulsory union membership and deduction of union dues at
source.
4.2 No Union dues have been deducted and membership has not been
compulsory for almost four years to date. Since December
1984 the Company has not sought any agreement with the Union
and the Union itself has not sought compulsory union
membership or DAS until processing this issue to the Labour
Court. During this period, December 1984 to date, there has
been industrial peace in the plant. During the period May
1983 - December 1984, serious industrial conflict existed
between the Company and Union involving three conciliation
conferences and an industrial dispute, in addition to ongoing
tension and conflict. The Company sees no reason for
re-introducing onto the site, a situation of such serious
contention again.
4.3 The Company fully recognise the Union's right to collect
dues, to organise employees into membership and to represent
its members. The Company continue to negotiate with the
Union up to and including the Labour Court on issues
concerning its members.
4.4 The situation that applies in Cahir Meats is under no
circumstances unique or unprecedented. The Union has agreed
and accepted in many companies that union membership is not
compulsory. There are also companies where DAS does not
apply with the full knowledge and consent of the Union. In
1984 the Union withdrew from the agreement which
automatically led to cessation of DAS and compulsory union
membership. It was the Union's decision.
4.5 Under no circumstances is the Company prepared to enter into
a DAS or compulsory union membership arrangement with the
Union. Given the Union's position in 1984 which created the
present situation, the Union has no right to now attempt to
force these voluntary arrangements on the Company.
Recommendation:
5. Having regard to the present improvement in industrial
relations at the plant and the fact that the absence of a formal
agreement on the issues in question is not posing any apparent
problems, the Court recommends that the matters be left over for
discussion at a later date when confidence between the parties has
been fully established.
~
Signed on behalf of the Labour Court
19th September, 1988 John O'Connell
DH/PG Deputy Chairman