Labour Court Database __________________________________________________________________________________ File Number: CD9373 Case Number: LCR14013 Section / Act: S20(1) Parties: JUPITER TRANSPORT LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning Union recognition.
Recommendation:
7. The Court recommends that the Company agree to recognise the
Union and negotiate with it on issues concerning its workers in
the employment. Any subsequent claim which the Union may make
should then be dealt with through the normal procedures involving,
if necessary, reference to the Court.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD9373 RECOMMENDATION NO. LCR14013
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: JUPITER TRANSPORT LIMITED
(REPRESENTED BY THE IRISH BUSINESS EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. The Company is a small haulage firm employing five drivers,
including the owner. It is involved mainly in contract work.
3. In May, 1992 the Union wrote to the Company stating that it
wished to arrange a meeting to discuss pay and conditions of
employment on behalf of its members. The Company did not respond
to the Union's letter or to subsequent correspondence.
4. The Union referred the dispute 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. A Labour
Court hearing took place in Cavan on 16th March, 1993. The Union
agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
5. 1. The workers were motivated to join the Union and seek
representation so as to improve working conditions and enhance
their job security.
2. The workers' right to representation is well established
and has been endorsed by the Court on numerous occasions.
COMPANY'S ARGUMENTS:
6. 1. The Company is small and privately owned. The owner
operates from the family home and works under the same
conditions as his employees.
2. The employer works on a direct one-to-one basis with his
workers all of whom live locally and are well known to the
employer.
3. Pay and conditions in the Company compare favourably with
that of other small haulage companies.
4. The Company operates on a basis which does not allow for a
complicated bureaucratic structure.
RECOMMENDATION:
7. The Court recommends that the Company agree to recognise the
Union and negotiate with it on issues concerning its workers in
the employment. Any subsequent claim which the Union may make
should then be dealt with through the normal procedures involving,
if necessary, reference to the Court.
~
Signed on behalf of the Labour Court
John O'Connell
____________________
26th March, 1993. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.