Labour Court Database __________________________________________________________________________________ File Number: CD91166 Case Number: LCR13257 Section / Act: S20(1) Parties: LONDIS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning Union recognition.
Recommendation:
6. The Court recommends that the Company recognise the Union and
agree to negotiate with it in respect of the employees it has in
membership.
Division: Ms Owens Mr Collins Mr Rorke
Text of Document__________________________________________________________________
CD91166 RECOMMENDATION NO. LCR13257
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: LONDIS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. The Company Londis, which is situated at Old Bawn, Tallaght,
Co Dublin is part of the Duffy Group which trades as Duffy
Wholesale, News Extra, Newsagents and Londis.
3. In January, 1990 the Union wrote to the Company seeking a
meeting to discuss a number of items on behalf of its members. As
no reply was received the Union, referred the issue of
recognition to the Labour Court for investigation and
recommendation under Section 20(1) of the Industrial Relations
Act, 1969. A Court hearing was held on 9th April, 1991. The
Union agreed to be bound by the Court's recommendation.
4. By letter dated the 4th April, 1991 the Company indicated
that it would not be attending and would not be represented at the
Court hearing for the following reasons:
"1. Union has given no indication whatsoever as regards the
topic of discussions they are seeking or indeed the number of
our employees which they represent.
2. Employees have a right to join a Union and to have that
Union seek recognition on their behalf by employer.
3. The Labour Court in view of above regularly recommends
that employer recognise Union, hence an appearance is
somewhat superfluous.
4. The Company feel that to negotiate with a Union, on
behalf of what is a relatively small number of employees,
would be bureaucratic, time consuming and costly and would
involve this Company and it's employees in unacceptable
delays, thus prolonging the period during which the problems
which have given rise to this dispute remain unresolved.
5. This Company has a genuine interest in establishing what
it is that has caused our employees to seek representation by
a union and in resolving same to satisfaction of all parties.
6. Company and it's employees should be mature enough to
negotiate between ourselves without the need for professional
representation on either side.
7. The Company feel that given the statutory rights
afforded to employees and employers there is no need to
recognise this Union.
Steps have been taken by this Company to hear the employees,
through their nominated representatives, who will also be
employees, and we are confident that we can reach an amicable
resolution to this and any other disputes without negotiating
directly with a union. We have pointed out to our employees
that they are, of course, at liberty to join a union and seek
their advise with regard to these internal discussions".
UNION'S ARGUMENTS:
5. 1. There is a fundamental right of freedom of association
which is enshrined in both domestic and international law and
has been upheld by the Court on numerous occasions. The
Company's refusal to acknowledge this right and negotiate
with the Union is totally unacceptable. The right to
associate freely is incomplete without the right to organise
and negotiate.
2. The Union has endeavoured, since 28th January, 1991,
without success to discuss the terms and conditions of
employment of the workers here concerned, particularly
part-time workers. There are a large number of part-time
workers compared to full-time workers who work in excess of
18 hours a week.They are accordingly entitled to be treated
the same as their full-time colleagues for holiday
entitlements and to have the same insurance category which
would entitle them to social services provided by the State.
3. As no efforts have been made to redress the issue of
terms and conditions of employment of the workers concerned
the Court is asked to recommend that the Company recognise
the Union as a representative of its members and enter into
negotiations.
RECOMMENDATION:
6. The Court recommends that the Company recognise the Union and
agree to negotiate with it in respect of the employees it has in
membership.
~
Signed on behalf of the Labour Court
18th April, 1991 Evelyn Owens
M.D. / M.O'C. _______________
Deputy Chairman