Labour Court Database __________________________________________________________________________________ File Number: CD94326 Case Number: LCR14548 Section / Act: S20(1) Parties: TULLAMORE GOLF CLUB - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning Union recognition.
Recommendation:
The Court considered a request from the management to defer the
hearing of the case. The Court was of the view that there had
been agreement to the date of the hearing and the parties had been
given adequate notice to attend. The Court did not find there
were reasonable grounds adduced to defer the hearing.
The Court had available to it the submission of the Employer and
fully considered this together with the views of the Union.
In all the circumstances the Court considers the Club should
recognise the Union on behalf of its members.
Further, the Court recommends that, on acceptance of this
recommendation, the parties should discuss the issues raised with
a view to reaching an acceptable agreement.
In the event that there are any outstanding issues, the Court is
prepared to review the progress of negotiations and issue a
definitive recommendation on these.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD94326 RECOMMENDATION NO. LCR14548
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
TULLAMORE GOLF CLUB
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. 1. The Club was established in 1886 and is managed by a
Council consisting of two trustees, a Captain, a
President, one or more vice-Presidents, Hon. Secretary,
Hon. Treasurer, Captain Elect, Past-Captain and fifteen
Councillors. The Club's bar facilities are managed by a
sub-committee which is answerable to the Council.
2. In April, 1994, the Club's bar manager and barman joined
the Union. The Club refused to meet with the Union or
to recognise it for the purpose of representing the
members in their employment. On 4th August, 1994, the
barman was dismissed. The Union has taken a separate
claim for unfair dismissal on his behalf.
3. On 2nd June, 1994, the Union referred a claim for trade
union recognition to the Labour Court under Section
20(1) of the Industrial Relations Act, 1969. A Labour
Court investigation took place on 25th August, 1994.
The Club did not attend the investigation. It did
forward a written submission which was considered by the
Court.
RECOMMENDATION:
The Court considered a request from the management to defer the
hearing of the case. The Court was of the view that there had
been agreement to the date of the hearing and the parties had been
given adequate notice to attend. The Court did not find there
were reasonable grounds adduced to defer the hearing.
The Court had available to it the submission of the Employer and
fully considered this together with the views of the Union.
In all the circumstances the Court considers the Club should
recognise the Union on behalf of its members.
Further, the Court recommends that, on acceptance of this
recommendation, the parties should discuss the issues raised with
a view to reaching an acceptable agreement.
In the event that there are any outstanding issues, the Court is
prepared to review the progress of negotiations and issue a
definitive recommendation on these.
~
Signed on behalf of the Labour Court
19th August, 1994 Tom McGrath
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.