Labour Court Database __________________________________________________________________________________ File Number: CD92448 Case Number: LCR13888 Section / Act: S20(1) Parties: COW AND GATE - and - MANUFACTURING SCIENCE FINANCE UNION |
Dispute concerning the introduction of a check-off system for workers represented by the Union.
Recommendation:
Having considered the submissions made by the parties at the
hearing and having allowed sufficient time for direct discussions
between the parties on the matter, which discussions have not
occurred, the Court recommends that the Company agree without
further delay to introduce the check off system in respect of
Union contributions.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92448 RECOMMENDATION NO. LCR13888
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: COW AND GATE
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
MANUFACTURING SCIENCE FINANCE UNION
SUBJECT:
1. Dispute concerning the introduction of a check-off system for
workers represented by the Union.
BACKGROUND:
2. 1. The claim is on behalf of 100 general and laboratory
workers employed by the Company. The Union is seeking to have
a check-off system implemented for its members. A check-off
system applies to members of other unions, representing
workers in the Company.
2. The dispute was referred to the Labour Relations
Commission by the Union on 9th March, 1992. The Commission
contacted the Company on 30th June, 1992 and by letter of 6th
July, 1992, the Company accepted the invitation subject to the
issues of a Company/Union agreement and "paypath" being added
to the agenda.
3. The Union, by letter dated 9th July, 1992 to the Labour
Relations Commission, accepted the addition of the issue of a
Company/Union agreement to the agenda. It did not accept the
the issue of "paypath" as that issue was to be dealt with by
the group of Unions within the Company.
4. It was not immediately possible for the parties to agree a
mutually acceptable date for a conciliation conference and by
letter dated 20th July, 1992, the Union referred the dispute
to the Labour Court under Section 20(1) of the Industrial
Relations Act, 1969. A Labour Court investigation took place
in Wexford on 25th August, 1992.
5. The Court decided to adjourn the investigation and delay
issuing a recommendation so as to allow the parties to discuss
the issue of check-off in the context of a Company/Union
agreement. As no progress was made by the parties, the Court
decided to issue a recommendation.
UNION'S ARGUMENTS:
3. 1. In May, 1990, the Union received a number of workers into
its membership. At its first meeting with the Company it was
accepted that pending an agreement with the Union the
procedures agreed with the previous Union should apply.
Within that agreement there was provision for a check-off
system which the Company has refused to operate. At a Labour
Court investigation of 27th June, 1991, the Company gave an
assurance to the Court that it would implement a check-off
system. It has yet to honour its commitment to the Court.
2. A check-off system is the norm in industry. The Company
already operates the system for other Unions and it operated
the system for the workers involved in the claim when they
were members of another Union. The Union represents 80% of
Union membership in the Company and there is no justification
for withholding the implementation of the check-off system.
COMPANY'S ARGUMENTS:
4. 1. The Company has had a difficult relationship with the
Union (details supplied). For this reason it is reluctant to
enter a one sided agreement on check-off without the necessary
agreement on procedures and terms and conditions of
employment. The Company is seeking an overall agreement which
will regulate the relationship between the Company and the
Union.
2. The issues of check-off and a Company/Union agreement have
been referred to the Labour Relations Commission and it is the
Company's view that it is a more appropriate forum at which to
discuss and agree these items.
RECOMMENDATION:
Having considered the submissions made by the parties at the
hearing and having allowed sufficient time for direct discussions
between the parties on the matter, which discussions have not
occurred, the Court recommends that the Company agree without
further delay to introduce the check off system in respect of
Union contributions.
~
Signed on behalf of the Labour Court
John O'Connell
__________________
2nd December, 1992. Deputy Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.