Labour Court Database __________________________________________________________________________________ File Number: CD9064 Case Number: LCR12724 Section / Act: S67 Parties: WATERFORD CRYSTAL LIMITED - and - JOINT NEGOTIATING COMMITTEE |
Dispute concerning disclosure of information.
Recommendation:
3. In the course of direct discussions between the parties,
the questions of "full disclosure" and "confidentiality" became
inter-linked thus creating an impression that there could be a
significant measure of incompatibility between the two. The
Court, having discussed the issues and concerns at length with
each of the parties is satisfied that the requirements of both
sides can be met provided that all concerned adopt a constructive
attitude. To safeguard the interests of both the workforce and
the company and to achieve the essential requirements identified
above the Court recommends the following procedure.
1. The Court mindful of the concerns of the parties will
appoint a suitably qualified person to oversee the
exchange of information, and to ensure that information
will be available to the advisor so as to enable him to
provide a full report to the J.N.C.
2. The Court recommends the following fundamental steps as
essential to the meaningful and effective execution of
this preliminary to the negotiations that have yet to
take place between the parties.
3. The person appointed will have as his/her operating
brief the responsibility to ensure the fullest possible
disclosure of information in a manner that meets the
company's fears regarding confidentiality and the
union's fears regarding possible non disclosure of
vital information.
4. In order to do this s/he will:-
(a) be present at all meetings between Company
representatives and the Union's advisor,
(b) have sight of all written requests for
information and responses thereto,
(c) resolve any difficulties as they arise, where
either side see a threat to the effective and
meaningful exchange of information required.
(d) if necessary have access to legal or other
relevant advice, which will also be made
available to both sides, in order to resolve
any difficulties.
The Court understands that both its nominee and the J.N.C. advisor
will both sign undertakings of confidentiality.
Division: CHAIRMAN Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9064 RECOMMENDATION NO. LCR12724
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 18
PARTIES: WATERFORD CRYSTAL LIMITED
and
JOINT NEGOTIATING COMMITTEE
SUBJECT:
1. Dispute concerning disclosure of information.
BACKGROUND:
2. The dispute between the Company and the workforce, represented
by the Joint Negotiating Committee, is grounded in the present
difficult trading/financial position of the business and the
company's proposals to introduce changes in conditions of
employment of the workforce as a cost saving measure. The urgent
need to reverse continuing losses and to protect the industry is
accepted by both sides but before commencing negotiations on
proposals that would have major impact on the conditions of
employment of the workforce, the J.N.C. is seeking a report from
its own advisor on the Company's proposals. The company accepts
the J.N.C's right to seek such a report. The issue between the
parties relates to the provision of information by the company to
the advisor.
To date, it has been the practice for the company to make full
disclosure of information to the J.N.C. Where appropriate, this
has been done on a confidential basis and there is acceptance on
both sides that this confidentiality has not been breached. The
J.N.C. is now requesting that this full disclosure be extended
directly to its advisor on foot of his written undertaking of
total confidentiality.
For its part, the Company has stated that the changed
trading/financial position that has developed since 1987 has
resulted in extensive public and commercial interest in its
affairs and has given a sensitivity to information concerning the
company that did not previously exist.
It is the Court's view that the essential requirements for the
parties are:-
: the disclosure of all information required by the
J.N.C. Advisor.
: the protection of confidentiality in the interests
of both the Company and the Workforce.
DISCLOSURE OF INFORMATION:
In this instance, matters of vital interest to the workforce are
at issue. The Court is therefore of the view that it is prudent
and legitimate for the JNC to secure its own assessment of the
present and prospective position of the company as a basis for
making decisions concerning their acceptance or otherwise of the
company proposals. It is self-evident that to be of value, the
assessment must be based on the fullest information available. In
the circumstances, the Court supports the principle of fullest
possible disclosure of information in this case.
CONFIDENTIALITY:
The parties accept that confidentiality can be vital to both their
interests. The dispute refers to how confidentiality can be
protected. The J.N.C. is of the view that an undertaking by its
advisor is sufficient while the Company seeks wider security.
RECOMMENDATION:
3. In the course of direct discussions between the parties,
the questions of "full disclosure" and "confidentiality" became
inter-linked thus creating an impression that there could be a
significant measure of incompatibility between the two. The
Court, having discussed the issues and concerns at length with
each of the parties is satisfied that the requirements of both
sides can be met provided that all concerned adopt a constructive
attitude. To safeguard the interests of both the workforce and
the company and to achieve the essential requirements identified
above the Court recommends the following procedure.
1. The Court mindful of the concerns of the parties will
appoint a suitably qualified person to oversee the
exchange of information, and to ensure that information
will be available to the advisor so as to enable him to
provide a full report to the J.N.C.
2. The Court recommends the following fundamental steps as
essential to the meaningful and effective execution of
this preliminary to the negotiations that have yet to
take place between the parties.
3. The person appointed will have as his/her operating
brief the responsibility to ensure the fullest possible
disclosure of information in a manner that meets the
company's fears regarding confidentiality and the
union's fears regarding possible non disclosure of
vital information.
4. In order to do this s/he will:-
(a) be present at all meetings between Company
representatives and the Union's advisor,
(b) have sight of all written requests for
information and responses thereto,
(c) resolve any difficulties as they arise, where
either side see a threat to the effective and
meaningful exchange of information required.
(d) if necessary have access to legal or other
relevant advice, which will also be made
available to both sides, in order to resolve
any difficulties.
The Court understands that both its nominee and the J.N.C. advisor
will both sign undertakings of confidentiality.
~
Signed on behalf of the Labour Court
Kevin Heffernan
29th January, 1990 ----------------
D.H./U.S. Chairman