Labour Court Database __________________________________________________________________________________ File Number: CD91293 Case Number: LCR13373 Section / Act: S20(1) Parties: VERBATIM LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning Union recognition.
Recommendation:
8. Having considered the submissions from the parties the Court
recommends that the Company recognise the right of the Union to
represent those employees of the Company which it has in
membership.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD91293 RECOMMENDATION NO. LCR13373
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: VERBATIM LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. The Company, which is located at the Raheen Industrial Estate,
employs approximately 600 people.
3. The Company recognised the Union for negotiation purposes
until the present owners took over. The Union has not being
recognised since. The Company considers that in house procedures
are sufficient to deal with industrial relations.
4. In September, 1990, the Union wrote to the Company stating
that it wished to represent a number of machinists on whose behalf
it had lodged a claim for equal pay. The Union did not receive
any reply and it again wrote in December, 1990 stating that it had
extended its organisation to the warehouse section and sought a
meeting with the Company.
5. As the Union received no reply it referred the matter to the
Labour Relations Commission. The Company declined an invitation
to attend a conciliation conference. The Union then referred the
matter to the Labour Court for investigation and recommendation
under Section 20(1) of the Industrial Relations Act, 1946. The
Union agreed to be bound by the Court's recommendation. A Court
hearing was held in Limerick on 17th July, 1991.
UNION'S ARGUMENTS:
6. 1. Recognition of the right of Unions to negotiate for their
members is standard in Irish Industrial Relations and the
Labour Court has endorsed that right on numerous occasions in
the past.
2. The workers involved in the equality claim are entitled to
Union representation.
3. The Union has membership in all the major multinational
companies located in the Raheen Industrial Estate and there is
an excellent industrial relations record there.
COMPANY'S ARGUMENTS:
7. 1. The Company's philosophy in terms of employee relations
was to develop strong internal communications structures;
recruit managers with a high degree of employee relations
skill and sensitivity; promote a positive and co-operative
employee relations climate; operate fair employment
procedures and resolve any differences between the Company and
its employees within its own organisation in a fair and
reasonable way. This philosophy has worked extremely well.
Pay and working conditions are among the best in the industry.
Labour turnover is low and the plants operate on a very
flexible basis ensuring the Company's ability to compete
effectively in a very demanding international market.
2. The Company rejects the suggestion that an equality claim
cannot be fairly processed without Union input. The Equality
Officer is capable of obtaining whatever information is
necessary from the Company.
3. There is no interest among the majority of the workforce
in joining any Union.
RECOMMENDATION:
8. Having considered the submissions from the parties the Court
recommends that the Company recognise the right of the Union to
represent those employees of the Company which it has in
membership.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
6th August, 1991 Deputy Chairman.
M.D./J.C.