Labour Court Database __________________________________________________________________________________ File Number: CD92573 Case Number: LCR13864 Section / Act: S20(1) Parties: CLARE ISLAND SEA FARM - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
4. Having considered the submissions made by the Union the Court
is at a loss to understand the Company's objection to recognition.
In the belief that such recognition would be beneficial to both
management and workers concerned the Court recommends that the
Union's claim for recognition be conceded.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92573 RECOMMENDATION NO. LCR13864
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CLARE ISLAND SEA FARM
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. In May, 1992, the workers concerned joined the Union. In the
period 12th May, 1992 to 25th May, 1992, the Union contacted the
Company on several occasions requesting a meeting to discuss the
pay and conditions of the workers concerned. The Company failed
to respond to the Union's request. On 25th May, 1992, the Union
informed the Company by letter that it was referring the matter to
the Labour Relations Commission. Subsequent to the Union's letter
of 25th May,1992, several meetings took place between the parties
but as no agreement could be reached, the matter was referred to
the Labour Relations Commission. A conciliation conference took
place on 21st July, 1992, following which the Company by letter
dated 10th August, 1992, informed the Commission that it did not
recognise the Union. On 14th September, 1992, 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 5th
November, 1992. The Company did not attend the hearing.
UNION'S ARGUMENTS:
3. 1. 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.
2. Recognition of the Union in this Company would bring many
benefits including the following:
(A) the provision of an agreement to specify basic terms and
conditions of employment,
(B) establish procedure which would promote orderly and
peaceful industrial relations in the interests of the
Company, its employees, its customers and the Union, by
securing a prompt and fair solution to grievances,
(C) common recognition. The Union recognising managements
right to manage its business while at the same time the
Company recognising the Union's right to represent its
members in all matters covered by agreements,
(D) recognition would not interfere with the Company's
freedom to recruit and promote employees and the
Company's exclusive right to plan, organise and manage
its business, and the right to communicate with its
employees.
RECOMMENDATION:
4. Having considered the submissions made by the Union the Court
is at a loss to understand the Company's objection to recognition.
In the belief that such recognition would be beneficial to both
management and workers concerned the Court recommends that the
Union's claim for recognition be conceded.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
27th November, 1992. Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.