Labour Court Database __________________________________________________________________________________ File Number: CD9327 Case Number: LCR13988 Section / Act: S20(1) Parties: BRITISH MIDLAND AIRWAYS - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Union recognition.
Recommendation:
5. Having considered the arguments put forward by the parties,
the Court recommends that the Company recognise the A.T.G.W.U.'s
right to represent the Customer Service Agents who are in
membership.
Division: Mr Heffernan Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD9327 RECOMMENDATION NO. LCR13988
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1969
SECTION 20(1)
PARTIES: BRITISH MIDLAND AIRWAYS
(Represented by Arthur Cox, Solicitors)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. In May, 1992 12 customer service agents (clerical and
administrative staff) at Dublin Airport joined the union.
Subsequently the Union wrote to the Company seeking a meeting to
discuss union recognition. The Company, by letter dated 14th May,
1992 stated that it only afforded recognition to the Union in
respect of ramp staff at the airport and that the workers
concerned were already represented by A.P.E.X. The issue was
referred to the Labour Relations Commission and a conciliation
conference was held on the 24th November, 1992. No agreement was
reached. At conciliation the Company intimated that it would
attend a Court hearing only if the Union referred the dispute to
the Court under Section 20(1) of the 1969 Act. On the 6th
January, 1993 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 the 1st March, 1993.
UNION'S ARGUMENTS:
3. 1. The workers concerned are not properly represented by
A.P.E.X. That union is not recognised nor does it hold a
negotiating licence in the Republic of Ireland. It has not
applied for a licence under the Industrial Relations Act,
1990. The A.T.G.W.U. is in a position to adequately represent
the workers concerned and seeks the right to do so.
2. The Union already represents ramp staff. Union
recognition in the case of those workers was recommended by
the Labour Court (LCR13140 refers). The Court has also
recommended in favour of union recognition in numerous other
cases (LCRs 12563, 12526, 12622, 12691, 12954, 12056, refer).
COMPANY'S ARGUMENTS:
4. 1. It is Company policy to grant sole negotiating rights to
a single union for its clerical and administrative staff of
which the customer service agents network-wide form part.
This recognition has been afforded to A.P.E.X. which
represents workers both in the U.K. and Ireland. If the
Company were to accede to the Union's request it would
inevitably lead to a multiplicity of union representation
which could result in disharmony and disputes.
2. A.P.E.X. is an established union within the airline
industry and has considerable experience in negotiating terms
and conditions for clerical and administrative staff. There
have been no formal disputes between the Company and the
Customer Service Agents in relation to the A.P.E.X. terms and
conditions which apply to all clerical and administrative
staff.
RECOMMENDATION:
5. Having considered the arguments put forward by the parties,
the Court recommends that the Company recognise the A.T.G.W.U.'s
right to represent the Customer Service Agents who are in
membership.
~
Signed on behalf of the Labour Court
Kevin Heffernan
10th March, 1993 -----------------
T O'D/U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR TOM O'DEA, COURT SECRETARY.