Labour Court Database __________________________________________________________________________________ File Number: CD89439 Case Number: LCR12526 Section / Act: S20(1) Parties: EXITEX LTD - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Union recognition
Recommendation:
5. Having heard the submissions of the parties, the Court
recommends that the Company accept the right of the workers to
become members of the Union and recognise it for the purposes of
negotiation on appropriate issues.
Division: CHAIRMAN Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD89439 RECOMMENDATION NO. LCR12526
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20 (1)
PARTIES: EXITEX LTD
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Union recognition
BACKGROUND:
2. The Company is engaged in the manufacture of weather excluders
and shelving systems for the home and export market. It is a
family run business, employing ten workers. In April, 1989 the
production workers joined the Amalgamated Transport and General
Workers' Union. Subsequently, the Union requested a meeting with
the Company. The Company advised that a meeting would be of no
benefit and that no further correspondence would be entered into
on the matter. The Union then requested a Labour Court
conciliation conference but the Company refused to attend.
Accordingly the Union requested a full Court hearing under Section
20 (1) of the Industrial Relations Act, 1969. The Court
investigated the dispute in Dundalk on 16th August, 1989.
UNION'S ARGUMENTS:
3. 1. The workers are members of the Union and have a right to
be represented by the Union.
2. The fact that the workers have joined the Union does not
indicate that they are in dispute with the Company. The Union
would like to discuss a few points and establish a
relationship with the Company.
COMPANY'S ARGUMENTS:
4. 1. The Company is a small family run business. It enjoys
excellent working relations with its workers, providing an
attentive ear to all comments.
2. The Company is unaware of any source of dispute between
itself and its workers.
3. There is no objection whatever to workers joining a
trade union but the Company is aware that it has no legal
obligation to enter into discussions with the Union.
4. The workers have not indicated any dissatisfaction
because of the Company choosing not to meet the Union and this
has not been a source of disruption to business.
RECOMMENDATION:
5. Having heard the submissions of the parties, the Court
recommends that the Company accept the right of the workers to
become members of the Union and recognise it for the purposes of
negotiation on appropriate issues.
~
Signed on behalf of the Labour Court
Kevin Heffernan
4th September, 1989 ---------------
A. McG/U.S. Chairman