Labour Court Database __________________________________________________________________________________ File Number: CD90641 Case Number: LCR13186 Section / Act: S20(1) Parties: P. MCCORMACK LTD - and - UNION OF CONSTRUCTION, ALLIED TRADES AND TECHNICIANS |
Claim for Union recognition.
Recommendation:
5. The Court recommends that the Company extend recognition and
negotiating rights immediately to the Union concerned.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD90641 RECOMMENDATION NO. LCR13186
THE LABOUR COURT
INDUSTRIAL RELATIONS ACT 1969
SECTION 20(1)
PARTIES: P. McCORMACK LTD
(Represented by Kennedy Frewen and Company Solicitors)
AND
UNION OF CONSTRUCTION, ALLIED TRADES AND TECHNICIANS
SUBJECT:
1. Claim for Union recognition.
BACKGROUND:
2. 1. The Company operates a joinery works and employs 26
people of which 16 are Union members. The claim for Union
recognition dates back to 1985 when there was an official
strike resulting in the closedown of the firm for 3 weeks.
Sanction was obtained from ICTU for an all out picket. The
dispute was resolved when the Union was recognised by the
Company in an agreement dated 16 September, 1985 (details
supplied to the Court). Since that time no representation
was made by the Union as they were not asked by the
employees.
2. The Union was however contacted by the workers in April
1990 and asked to represent them. Sixteen members were
recruited and various efforts were made to contact management
by the Union. The Union were unsuccessful in seeking to
represent their members and decided to refer the matter to
the Labour Court under Section 20(1) of the Industrial
Relations Act, 1969. The Union agreed to be bound by the
recommendation of the Court. A Labour Court investigation
took place in Limerick on 30 January, 1991.
UNION'S ARGUMENTS:
3. 1. The workers concerned asked the Union in April 1990 to
represent them as they were unhappy with their conditions of
employment. The Union wrote to the firm in May and July
receiving no response. On 29 August contact was made by
phone when the Company representative made it clear that the
Company would not entertain the Union nor was it possible to
meet to discuss the matter further.
2. The Union signed an agreement with the Company in 1985
for Union recognition. The Company is now reneging on that
Agreement. In addition the Company has on more than one
occasion offered inducements to the workers to leave the
Union. First a pay increase of 7% was offered, then 10%,
then 10% with a lump sum bonus paid 3 times a year. All
these offers were refused as they were made on the basis of
members relinquishing their request to be represented by a
trade union.
3. Eventually on 7 January, 1991 all workers were locked
out of their place of employment. This lockout has continued
since, with the workers on no wages or Social Welfare
benefit. The Union is seeking to carry out its business on
behalf of its members in a responsible manner. The workers
depend on their jobs to make a living and it is therefore
very important to find a speedy resolution to the dispute.
At all times the Union have persuaded its members to use the
industrial relations machinery available and there is no
truth in the statement by the Company that the lockout began
when a go slow was threatened by the workers.
COMPANY'S ARGUMENTS:
4. 1. The Company has no objection to its workforce being
members of a union and has never sought to stop its workers
being members of any union they choose. The Company has no
reason however to deal with a union and does not recognise
the Union as a negotiating body for its workers whom it deals
with directly. The Agreement to which the Union refer was
with the previous owner who sold the business 1.50 years ago.
2. The Company are operating on very tight margins and for
that reason has to operate efficiently. The business was
shut on January 7 because the workers had threatened a go
slow which would have made the business unprofitable.
RECOMMENDATION:
5. The Court recommends that the Company extend recognition and
negotiating rights immediately to the Union concerned.
~
Signed on behalf of the Labour Court
14th February, 1991 Evelyn Owens
J.F./M.O'C. _______________
Deputy Chairman