Labour Court Database __________________________________________________________________________________ File Number: CD92402 Case Number: LCR13748 Section / Act: S20(1) Parties: LEAF LIMITED - and - SALES MARKETING AND ADMINISTRATIVE UNION OF IRELAND |
Dispute concerning union recognition.
Recommendation:
Having considered the submissions made by the parties the Court
recommends that the Company recognise the Union and agree to
negotiate with it on behalf of its members in this employment.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92402 RECOMMENDATION NO. LCR13748
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 20(1) INDUSTRIAL RELATIONS ACT 1969
PARTIES: LEAF LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
SALES MARKETING AND ADMINISTRATIVE UNION OF IRELAND
SUBJECT:
1. Dispute concerning union recognition.
BACKGROUND:
2. The Company manufactures sugar confectionery at its plant in
Kilcock, Co. Kildare. It employs approximately 183 workers. The
majority of the workforce are represented by three Unions. The
sales and clerical/administrative staff are not unionised.
3. There is a total of six sale staff in the Company, some of
whom joined the Union. The Union advised the Company of the
workers in its membership and sought a meeting to discuss certain
issues. The Company refused a meeting. The Union referred the
issue to the Labour Relations Commission. The Company declined an
invitation to attend a conciliation conference. The Union then
referred the dispute to the Labour Court for investigation and
recommendation under Section 20(1) of the Industrial Relations
Act, 1969. The Union agreed to be bound by the Court's
recommendation. A Court hearing took place on 11th August, 1992.
UNION'S ARGUMENTS:
4. 1. The right of workers to representation is widely
recognised by the Courts, the Employment Appeals Tribunal and
the Labour Court.
2. The workers wish the Union to negotiate on their behalf
and the Court is asked to recommend that the Company
recognise the Union and enter into negotiations.
COMPANY'S ARGUMENTS:
5. 1. The Company does not feel it necessary to recognise the
Union as its Human Resource Management policy allows for
direct and open communication between the sales staff and
management (details supplied to the Court).
2. The workers are members of the Company's small and
highly motivated sales team. They are employed on favourable
terms and have clear objectives and incentives.
3. The Company has a policy which demands that it provides
formal and informal support systems which the sales staff may
need. This system is working at present and the Company is
unaware of any issues which may be causing the workers
concern.
4. The workers have access to the standard grievance
procedure operated throughout the Company.
RECOMMENDATION:
Having considered the submissions made by the parties the Court
recommends that the Company recognise the Union and agree to
negotiate with it on behalf of its members in this employment.
~
Signed on behalf of the Labour Court
31st August 1992 John O'Connell
M.D./M.H. -------------------------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.