Labour Court Database __________________________________________________________________________________ File Number: CD92186 Case Number: LCR13685 Section / Act: S26(1) Parties: IRISH SHELL LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning Union recognition for executive staff in Grades 5 and 6.
Recommendation:
3. The Court recommends that the Company recognise the Union and
agree to negotiate with it on behalf of members in the grades in
question. The Union, in lieu, should agree, in the light of the
management status of the grades concerned, to keep negotiating
arrangements separate from other negotiating groups within the
Company.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD92186 RECOMMENDATION NO. LCR13685
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH SHELL LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning Union recognition for executive staff in
Grades 5 and 6.
BACKGROUND:
2. For many years the Union has been seeking the right to
negotiate on behalf of workers in Grades 5 and 6 within the
Company. Members of these grades currently hold union membership
and it is the Union's contention that the majority do. It claims
that during the 1970s, commitment was given by the Company that,
should a majority of members in either grade hold Union
membership, it would recognise the negotiating rights of the
Union. The Company rejected the Union's claim and does not
concede that the majority of staff hold Union membership. The
Company is not aware of any commitment as alleged by the Union.
The dispute was referred to the conciliation service of the Labour
Relations Commission on 16th October, 1991. A conciliation
conference was held on 5th February, 1992 at which agreement was
not reached. The dispute was referred to the Labour Court on 12th
March, 1992 under Section 26(1) of the Industrial Relations Act,
1990. The Court investigated the dispute on 30th April, 1992.
UNION'S ARGUMENTS:
3. 1. The Company is failing to honour the commitment given
during the 1970s, to recognise the negotiating rights of the
Union should the majority of staff in the grades concerned
hold Union membership. The Union is seeking the right to
negotiate on behalf of Grades 5 and 6 on whatever issues are
important to them. Most members of these grades have had
dormant membership of the Union but with the issue arising
concerning the right to avail of an executive loan scheme it
has been revived.
2. The Union cannot accept that the Company has anything to
fear or to lose by recognising the Union as a representative
for Grades 5 and 6.
COMPANY'S ARGUMENTS:
4. 1. The Company is not aware of, nor does it accept that any
commitment was given to acknowledge the Union as a negotiator
for Grades 5 and 6 should the majority hold membership. It
rejects the Union's claim that membership is actually held by
the majority.
2. The job responsibility of Grades 5 and 6 are clearly
management and the Company genuinely feel that there would be
a conflict of interest if the Union was recognised within the
grades concerned. Workers are made aware, when entering
Grades 5 and 6 that they will no longer be in a negotiating
grade.
RECOMMENDATION:
3. The Court recommends that the Company recognise the Union and
agree to negotiate with it on behalf of members in the grades in
question. The Union, in lieu, should agree, in the light of the
management status of the grades concerned, to keep negotiating
arrangements separate from other negotiating groups within the
Company.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
9th September, 1992. Deputy Chairman
A. NiS/J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Aoibheann Ni Shuilleabhain, Court Secretary.