Labour Court Database __________________________________________________________________________________ File Number: CD94120 Case Number: LCR14390 Section / Act: S20(1) Parties: DECLAN COLEMAN SIGNS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union Recognition.
Recommendation:
The Court recommends that the Company should recognise S.I.P.T.U.
in respect of their members.
The Court so recommends.
Division: MrMcGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94120 RECOMMENDATION NO. LCR14390
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
DECLAN COLEMAN SIGNS LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union Recognition.
BACKGROUND:
2. The Union wrote to the Company on the 7th February, 1994,
stating that a number of workers had become members. It sought a
meeting with the Company to discuss union recognition and
negotiating rights on behalf of its members. Management stated
that it did not deal with or recognise trade unions. On the 17th
February, 1994, 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 23rd March, 1994.
UNION'S ARGUMENTS:
3. 1. The workers concerned exercised their constitutional
right by joining a union. The Company is in breach of
established industrial relations procedures in refusing to
meet the union. Recognition of the right of a trade union to
represent workers and negotiate on their behalf is standard
practice in most employments.
2. The Labour Court has recommended in support of claims
for union recognition in many cases, particularly where the
majority of workers in the Company have joined the Union.
COMPANY'S ARGUMENTS:
4. 1. The Company is a small business run by the owner. It
has been in operation for the past seven years. The
employees work a 45 hour week and are paid #200 p.w.. There
has been no disagreement on wages or hours of work. The
Employer has had a very good working relationship with
employees and any industrial relations problems which have
arisen have been resolved in direct discussions between the
parties. The Employer sees no need for a Union to be
involved in this Company as problems arising can be resolved
without third party intervention.
RECOMMENDATION:
The Court recommends that the Company should recognise S.I.P.T.U.
in respect of their members.
The Court so recommends.
~
Signed on behalf of the Labour Court
19th April, 1994 Tom McGrath
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.