Labour Court Database __________________________________________________________________________________ File Number: CD92725 Case Number: LCR13963 Section / Act: S20(1) Parties: NICHOLLS LTD. - and - THE AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Trade Union recognition.
Recommendation:
5. The Court recommends that the Company recognise the Union and
agree to negotiate with it on issues raised on behalf of its
members amongst the staff.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD92725 RECOMMENDATION NO. LCR13963
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: NICHOLLS LTD.
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
THE AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Trade Union recognition.
BACKGROUND:
2. The Company is a retail firm specialising in household drapery
and linens. It employs 35 workers in five outlets. In October,
1992 the Union approached the Company concerning Union
recognition. Agreement was not reached and the Union referred the
issue to the Labour Relations Commission. The Company considered
that a conciliation conference was not appropriate. The Union
then referred the dispute to the Labour Court in accordance with
Section 20(1) of the Industrial Relations Act, 1969. The Court
investigated the dispute on the 25th of January, 1993.
UNION'S ARGUMENTS:
3. 1. Over 50% of the workers have joined the Union. There are
members in each retail outlet.
2. Workers have complained to the Union that:
(i) different rates of pay are being received in return
for almost identical work;
(ii) the Company has discriminated against certain
workers by changing their shift from 15 hours in 3
days to 15 hours in 5 days;
(iii) there has been preferential treatment of some staff
concerning the working of overtime.
The Union requires recognition by the Company in order that it
can raise these issues.
COMPANY'S ARGUMENTS:
4. 1. Only a small minority of workers wish to be represented by
the Union.
2. The Company has, in the past, successfully dealt with all
issues locally and its wish is to continue this practice.
3. Conditions for workers in the Company compare favourably
with conditions enjoyed by workers in comparable
establishments. Terms and conditions are dictated by the
registered agreement for the Footwear, Drapery and Allied
Trades, negotiated annually between I.B.E.C. and I.D.A.T.U..
Many employees enjoy conditions in excess of those dictated by
the agreement.
RECOMMENDATION:
5. The Court recommends that the Company recognise the Union and
agree to negotiate with it on issues raised on behalf of its
members amongst the staff.
~
Signed on behalf of the Labour Court
John O'Connell
--------------
19th February, 1993. Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.