Labour Court Database __________________________________________________________________________________ File Number: CD948 Case Number: LCR14344 Section / Act: S20(1) Parties: JOHNSTOWN GARDEN CENTRE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union Recognition
Recommendation:
The Court recommends that the Company recognise the Union's right
to represent those employees which it has in membership.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD948 RECOMMENDATION NO. LCR14344
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
JOHNSTOWN GARDEN CENTRE
(REPRESENTED BY GERARD P. BURNS, SOLICITOR)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union Recognition
BACKGROUND:
2. The Union wrote to the Company on the 6th December, 1993
stating that a number of workers had become members. It sought a
meeting with the Company to discuss Union recognition and
negotiating rights. Management did not reply. A further letter
from the Union on the 21st December, 1993 elicited no reply from
the Company. On the 4th January, 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 16th
February, 1994.
UNION'S ARGUMENTS:
3. 1. The workers concerned exercised their constitutional
right by joining the 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 similar cases. Union
recognition offers benefits both to employers and workers.
COMPANY'S ARGUMENTS:
4. 1. The Company is a small family run business presently
experiencing very keen competition from similar companies in
the area. Its wage rates and conditions of employment
compare very favourably to similar employments. The Company
has always had good industrial relations with its staff and
problems were resolved internally. Management contend that
this system works well. The Company has no objection to any
workers joining the Union or with the Union representing the
workers' interests.
RECOMMENDATION:
The Court recommends that the Company recognise the Union's right
to represent those employees which it has in membership.
~
Signed on behalf of the Labour Court
22nd February, 1994 Evelyn Owens
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.