Labour Court Database __________________________________________________________________________________ File Number: CD92772 Case Number: LCR14076 Section / Act: S26(1) Parties: IRISH MUSIC RIGHTS ORGANISATION (IMRO) - and - MANUFACTURING SCIENCE AND FINANCE (MSF |
A dispute concerning union recognition for the purpose of collective bargaining.
Recommendation:
Having considered the submissions of the parties, the Court
recommends that the employer concedes full negotiating rights to
the Union in respect of terms & conditions of employment of its
members in Ireland.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92772 RECOMMENDATION NO. LCR14076
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH MUSIC RIGHTS ORGANISATION (IMRO)
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
MANUFACTURING SCIENCE AND FINANCE (MSF)
SUBJECT:
1. A dispute concerning union recognition for the purpose of
collective bargaining.
BACKGROUND:
2. 1. The Irish Music Rights Organisation (IMRO) is the Irish
arm of the Performing Right Society (PRS) in the U.K. All
employees who join the Organisation are employed by PRS and
seconded to IMRO. PRS terms and conditions apply to all
staff members and they are paid through the U.K. payroll.
2. In July, 1992, thirteen workers joined the Union (MSF)
and on the 11th August, 1992, the Union sought a meeting with
the Organisation to establish recognition and negotiate a
procedure agreement. The Organisation replied on the 17th
August, 1992, stating that there was an individual
representation agreement for grievance and disciplinary
issues for Irish staff and, therefore, it was not prepared to
establish a procedural agreement with the Union.
3. The matter was referred to the Labour Relations
Commission and a conciliation conference was held on the 20th
November, 1992. The organisation was prepared to offer the
Union individual representative rights for its members in the
areas of grievance and disciplinary issues only. This was
not satisfactory to the Union as it was pursuing full
collective bargaining rights for all issues concerning terms
and conditions of employment. The dispute was referred by
the Labour Relations Commission to the Labour Court on the
15th December, 1992 and the Court investigated the matter on
the 26th April, 1993.
UNION'S ARGUMENT'S:
3. 1. The staff in Ireland are not included in the U.K.
bargaining unit.
2. It is a Union's right to seek full collective bargaining
rights for its members.
ORGANISATION'S ARGUMENTS:
4. 1. IMRO do not have the authority or the status within the
PRS company to conclude an agreement with the Union.
2. The agreement in PRS has operated successfully in the
U.K. for ten years and the entitlements enjoyed under this
can be extended to the Irish staff.
3. The terms and conditions of employment of Irish staff
are determined by PRS in the U.K.
4. It is not possible for the Company to have separate
arrangements with trade unions in each arm of the
Organisation.
5. When the Union have over 50% membership then full
collective bargaining representation can be discussed.
6. The Irish staff wish to remain part of PRS
7. The granting of full collective bargaining rights
for the union would be to the detriment of the staff.
RECOMMENDATION:
Having considered the submissions of the parties, the Court
recommends that the employer concedes full negotiating rights to
the Union in respect of terms & conditions of employment of its
members in Ireland.
~
Signed on behalf of the Labour Court
12th May, 1993 Kevin Heffernan
P.O.C./M.H. ------------------------------------
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.