Labour Court Database __________________________________________________________________________________ File Number: CD90111 Case Number: LCR12876 Section / Act: S20(1) Parties: WELLMAN INTERNATIONAL LIMITED - and - MANUFACTURING SCIENCE FINANCE |
Claim for Union recognition and a procedure agreement on behalf of assistant shift managers.
Recommendation:
4. Further to the terms of Labour Court Recommendation 12290 the
Court now recommends that the Company recognise the Union and
negotiate with it on behalf of assistant shift managers.
Division: Mr O'Connell Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD90111 RECOMMENDATION NO. LCR12876
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: WELLMAN INTERNATIONAL LIMITED
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim for Union recognition and a procedure agreement on
behalf of assistant shift managers.
BACKGROUND:
2. The workers concerned are employed at the Company's plant at
Mullagh, Kells, Co. Meath. In February, 1988 the assistant shift
managers joined the Union, and the Union requested a meeting with
the Company to establish a recognition and procedure agreement.
As the issue could not be resolved either in local level
discussions or at conciliation the dispute was the subject of a
Labour Court hearing in February, 1989. In its recommendation
(L.C.R. 12290) the Court recommended that
"....there should be a breathing space until the middle of
June next. Should the assistant shift managers then
conclusively indicate that they wish to be represented by the
Union and that a procedural agreement be negotiated by the
Union on their behalf, then the Company should accede to the
Union's request."
The Company has not implemented the recommendation in the
meantime, and the Union again referred the matter to the Court on
the 5th March, 1990 under Section 20(1) of the Industrial
Relations Act, 1969. The Company declined to attend a hearing but
advised the Court by letter dated 18th April, 1990 that it has
made abundantly clear to the Union that it does not agree that its
assistant managers should be represented by a trade union. It
felt therefore that it would be inappropriate to attend another
Court hearing and then reject a recommendation which might favour
recognising the Union. A Labour Court hearing was held on the 2nd
May, 1990.
UNION'S ARGUMENT:
3. 1. The Court previously recommended that the Company should
accede to the Union's request for a procedure agreement and
negotiating rights on behalf of assistant managers. The Union
is again claiming that the Company should accede to this
request.
RECOMMENDATION:
4. Further to the terms of Labour Court Recommendation 12290 the
Court now recommends that the Company recognise the Union and
negotiate with it on behalf of assistant shift managers.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
28th May, 1990. Deputy Chairman
T.O'D/J.C.