Labour Court Database __________________________________________________________________________________ File Number: CD91319 Case Number: LCR13381 Section / Act: S20(1) Parties: BLACKROCK CLINIC - and - IRISH NURSES ORGANISATION |
Dispute concerning Union recognition.
Recommendation:
5. The Court notes that the Clinic did not attend the hearing
and so specified by letter dated 2nd August, 1991. Having
considered the submission the Court recommends that the Blackrock
Clinic recognise the right of the Irish Nurses Organisation to
represent those members of the nursing staff who are in
membership.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91319 RECOMMENDATION NO. LCR13381
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: BLACKROCK CLINIC
AND
IRISH NURSES ORGANISATION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. In February, 1991, a number of the nursing staff at Blackrock
Clinic joined the Irish Nurses Organisation. The Organisation
wrote to Management on the 28th February, 1991 requesting a
meeting to discuss some of the aspects of conditions of employment
of the workers concerned. By letter of 4th March, 1991 Management
responded stating that it was the policy of Blackrock Clinic to
deal directly with employees on all issues. This position was
unacceptable to the Organisation. As no progress was made in the
course of subsequent correspondence between the parties, the
Organisation 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. The Management of
Blackrock Clinic, in a letter to the Court dated 2nd August, 1991,
declined to attend the hearing. The Court investigated the
dispute on the 8th August, 1991.
ORGANISATION'S ARGUMENTS:
3. 1. The Organisation, which represents at least 80% of the
nurses employed in Blackrock Clinic, is in dispute with
Management on a range of issues concerning the pay and
conditions of employment of its members. It has been refused
a meeting with Management to open direct negotiations on
these issues. The present process of consultation,
recognised by Management, involves direct discussions between
Management and the nurses themselves. It does not provide
for any third party intervention or for any outside body to
intervene on the nurses' behalf, should they so wish.
2. The Organisation requests the Court to make a
recommendation that, in the interests of justice and good
staff relations, the Organisation be granted recognition to
enable it to represent the workers concerned in accordance
with the Organisation's remit, rules, normal procedures and
the constitution of the Irish Congress of Trade Unions.
RECOMMENDATION:
5. The Court notes that the Clinic did not attend the hearing
and so specified by letter dated 2nd August, 1991. Having
considered the submission the Court recommends that the Blackrock
Clinic recognise the right of the Irish Nurses Organisation to
represent those members of the nursing staff who are in
membership.
~
Signed on behalf of the Labour Court
16th August, 1991 Evelyn Owens
T.O'D. / M.O'C. _______________
Deputy Chairman