Labour Court Database __________________________________________________________________________________ File Number: CD92469 Case Number: LCR13745 Section / Act: S20(1) Parties: CONRAD NURSING HOME - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
4. The Court has considered the submission made by the Union and
in the absence of any representation from the employer it
recommends that the Employer agree to recognise the Union and
negotiate rates of pay and conditions of employment of its
members. The Court further recommends that, in order to allow the
above procedure begin in a favourable climate, the Union suspend
the current industrial action for a period and refer the dispute
once again to the Industrial Relations Commission.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92469 RECOMMENDATION NO. LCR13745
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CONRAD NURSING HOME
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. In February, 1992 the six workers concerned joined the Union.
On 14th February, 1992 the Union wrote to the management of the
Nursing Home requesting a meeting to discuss rates of pay and
conditions of employment on behalf of the workers. The management
did not reply to the letter. The Union contacted the management
by telephone but the management refused to meet the Union. The
Union referred the matter to the Labour Relations Commission but
the management refused to attend a conciliation conference. On
20th July, 1992 the Union entered into an official dispute with
the Nursing Home. The Irish Congress of Trade Unions sanctioned
an all-out picket which was placed on the Nursing Home on 10th
August, 1992. As no progress could be made, the Union 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 Court investigated the dispute on
21st August, 1992. The Nursing Home was not represented at the
hearing.
UNION'S ARGUMENTS:
3. 1. The Union is in dispute with management on a range of
issues concerning rates of pay and the conditions of
employment of its members. It has been refused a meeting with
management to open direct negotiation on these issues. The
present process of consultation recognised by management
involves one-to-one interviews and does not provide for any
third party intervention.
2. The Union requests the Court to make a Recommendation
that, in the interests of good staff relations the Union be
granted recognition to enable it to represent the workers
concerned in accordance with normal procedures and the
Constitution of the Irish Congress of Trade Unions.
RECOMMENDATION:
4. The Court has considered the submission made by the Union and
in the absence of any representation from the employer it
recommends that the Employer agree to recognise the Union and
negotiate rates of pay and conditions of employment of its
members. The Court further recommends that, in order to allow the
above procedure begin in a favourable climate, the Union suspend
the current industrial action for a period and refer the dispute
once again to the Industrial Relations Commission.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
24th August, 1992. Deputy Chairman.
F.B./J.C.