Labour Court Database __________________________________________________________________________________ File Number: CD91477 Case Number: LCR13460 Section / Act: S20(1) Parties: MEADOW MEATS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning Union recognition.
Recommendation:
5. The Court recommends that the Company recognise the Union and
accept its right to negotiate on behalf of its members in their
employment.
Division: Mr O'Connell Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD91477 RECOMMENDATION NO. LCR13460
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: MEADOW MEATS LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. On a number of occasions in May, 1991 the Union wrote to the
Company seeking a meeting to discuss recognition and negotiating
rights on pay and conditions of employment on behalf of its
members at the Company's Waterford plant. The Company failed to
respond to the Union's request and on the 11th June, 1991 the
Union referred the issue to the Conciliation Service of the Labour
Relations Commission. The Company declined an invitation to
attend a conciliation conference. On the 5th September, 1991, the
Union referred the dispute to the Labour Court for investigation
and recommendation under Section 20(1) of the Industrial Relations
Act, 1969 and agreed to be bound by the Court's recommendation. A
Court hearing was held in Waterford on the 24th September, 1991.
UNION'S ARGUMENTS:
3. 1. The Company is in breach of well-established industrial
relations procedures in refusing to meet the Union's
representatives. Recognition of the right of Unions to
negotiate on behalf of their members is standard practice
throughout the country. Freedom of association is a
fundamental right guaranteed under the Constitution.
2. The Labour Court in many similar cases has recommended in
support of such claims (Labour Court Recommendations 13338,
13305, 13257, 13186 13164, 13140 refer). All communications
from the Union have been relayed to the Company in a
responsible manner but Management has failed to respond. The
Union cannot understand the Company's decision to ignore
numerous requests for discussions.
COMPANY'S ARGUMENTS:
4. 1. The Kerry group has recently acquired the two Meadow Meats
plants at Rathdowney and Waterford. The Group has been in
touch with the Union and is willing to enter into discussions
with the Union on its claim. Any negotiating agreement which
the Company enters into will depend on the Union's acceptance
of the normal terms and conditions which apply in the
Company's beef division. The Company will also require
agreement on a wage structure. The Company has increased
wages in the plant over and above the terms of the Programme
for Economic and Social Progress and intends to apply Phases
Two and Three of the Programme in due course.
2. During recent months the General Manager of the plant was
in a difficult position in relation to answering Union letters
as the plant has been in a transient phase during that period.
As soon as the Company is provided with full documentation
regarding Union membership, and is satisfied that workers have
a democratic choice, Management will arrange full discussions
with the Union.
RECOMMENDATION:
5. The Court recommends that the Company recognise the Union and
accept its right to negotiate on behalf of its members in their
employment.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
30th October, 1991. Deputy Chairman
T.O'D./J.C.