Labour Court Database __________________________________________________________________________________ File Number: CD91223 Case Number: LCR13356 Section / Act: S20(1) Parties: GALVIA PRIVATE HOSPITAL, GALWAY - and - THE IRISH NURSES ORGANISATION |
Claim for Union recognition.
Recommendation:
5. The Court, having considered the submissions in this case,
recommends that the Hospital authority recognises the I.N.O. for
the purpose of representing those employees of the Hospital who
are members of the I.N.O.
Division: MrMcGrath Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD91223 RECOMMENDATION NO. LCR13356
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: GALVIA PRIVATE HOSPITAL, GALWAY
and
THE IRISH NURSES ORGANISATION
SUBJECT:
1. Claim for Union recognition.
BACKGROUND:
2. The Hospital was established in 1986 and employs 127 workers
including 102 nursing staff. In March, 1991 the Union requested
official recognition from the Hospital to negotiate terms and
conditions of employment on behalf of nursing staff. The Hospital
rejected the request. The Union referred the matter to the Labour
Court under Section 20(1) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 9th July, 1991. Prior to the
hearing the Union agreed to be bound by the recommendation of the
Court.
UNION'S ARGUMENTS:
3. 1. In March, 1991 members of the hospital nursing staff
requested assistance from the Union on a range of issues
relating to pay, and terms and conditions of employment. A
substantial number of the nursing staff subsequently joined
the Union. The Hospital has refused to grant official
recognition to the Union.
2. The nursing staff requested Union assistance as they were
unhappy with internal industrial relations practices in the
hospital. The Union is in dispute with the Hospital on a
range of issues but is only seeking official recognition at
present.
3. The Union represents a substantial number of nursing
staff. The actual number of staff represented is not relevant
as it is not practice for unions to provide membership lists
to employers.
HOSPITAL'S ARGUMENTS:
4. 1. It is Hospital policy to deal directly with staff on all
issues relating to their employment, terms and conditions.
This policy has worked well and is acceptable to staff. The
Hospital does not see any reason why its policy should be
changed.
2. The Hospital does not deny any member of staff the right
to join a union. For the purposes of effective management the
Hospital needs details of the Union membership. If the
majority of the nursing staff are seeking union representation
the Hospital would accede to their request. If only a
minority of the nursing staff are seeking representations it
would present difficulties for effective management. The
Court should defer making a recommendation until the number of
nursing staff in membership of the Union is known.
RECOMMENDATION:
5. The Court, having considered the submissions in this case,
recommends that the Hospital authority recognises the I.N.O. for
the purpose of representing those employees of the Hospital who
are members of the I.N.O.
~
Signed on behalf of the Labour Court
_________________________
Tom McGrath
22nd July, 1991 Deputy Chairman.
A.S./J.C.