Labour Court Database __________________________________________________________________________________ File Number: CD90463 Case Number: LCR13104 Section / Act: S20(1) Parties: STANLEY LEISURE ORGANISATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for Union Recognition.
Recommendation:
5. The Court recommends that the Company recognise the Union and
negotiate with it on behalf of the members in its employment.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90463 RECOMMENDATION NO. LCR13104
INDUSTRIAL RELATIONS ACT, 1969
SECTION 20(1)
PARTIES: STANLEY LEISURE ORGANISATION
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for Union Recognition.
BACKGROUND:
2. In early December, 1989, the Company completed its takeover of
Mecca Racing (Ireland) Limited. The Union wrote to the Company on
the 13th December, 1989 advising them that the Union represented
the workers in Mecca Racing and seeking a meeting to discuss the
situation arising from the change of ownership. At a number of
meetings between the parties the Company refused to recognise the
Union on the grounds that less than fifty per cent of the
workforce were union members. The Union disputed this claim
stating that over eighty five workers were union members and
referred the dispute to the conciliation service of the Labour
Court. The Company was unwilling to attend a conciliation
conference. The Union then referred the dispute to the Labour
Court under Section 20(1) of the Industrial Relations Act, 1969
and agreed to be bound by the Court's recommendation. A Court
hearing was held on the 8th November, 1990. Subsequent to the
hearing the Company in a letter to the Court dated 12th November,
1990 disputed the Union's claim as to the number of workers in
membership of the Union.
UNION'S ARGUMENTS:
3. 1. The Union concerned in the claim is the only Union
involved in this dispute. Recognition of the right of Unions
to negotiate for their members is standard in Irish industrial
relations. Freedom of association is a fundamental right
guaranteed under the constitution.
2. Management has indicated its intention to establish an
Association within the Company in order to afford
representation to staff. The workers concerned however have
rejected this proposal as they feel that this approach is
totally inadequate and heavily biased in favour of the
Company.
3. The Union has Agreements with other bookmaking companies,
both national and international. The Court in a previous
recommendation concerning Mecca Racing recommended union
recognition (L.C.R. 12056 refers).
4. The Union is aware that the Company is planning to
purchase the 69 betting shops of Coral Racing and would like
to point out to the Court that it has a signed Agreement with
Coral Racing which should not be interfered with in any way in
the event of a takeover.
COMPANY'S ARGUMENTS:
4. 1. The Company operates fifty eight licensed betting offices
in Ireland and employs a total of 218 full or part-time
workers. It is important that a clear distinction is drawn
between Mecca and Stanley. At the time of the Court's
recommendation in favour of Union recognition in Mecca there
was a substantial number of staff in membership of the Union.
However the position regarding Union membership has changed
radically since Stanley racing acquired the business.
2. An active staff association was established in March, 1990
and followed a period of prior consultation with all workers
on the objectives and structure of the association. Members
were nominated and elected by the staff meetings, thus giving
full representation to all grades of staff throughout the
country.
3. The Company disputes the Union's statement that in excess
of 50% of workers are members of the Union. If this was the
case then there would not have been widespread support and
co-operation in the establishment of the staff association.
The Company is satisfied that the majority of workers do not
wish to have their interests represented by a trade union.
They wish to be represented by a staff association which is in
place and working to the benefit of all workers in the
Company.
RECOMMENDATION:
5. The Court recommends that the Company recognise the Union and
negotiate with it on behalf of the members in its employment.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
4th December, 1990. Deputy Chairman
T.O'D./J.C.