Labour Court Database __________________________________________________________________________________ File Number: CD9433 Case Number: LCR14433 Section / Act: S20(1) Parties: IRISH CEMENT LIMITED - and - MANUFACTURING SCIENCE FINANCE |
Union Recognition.
Recommendation:
While understanding the Company's aspirations of recognising one
union for any one category of worker within the plant, the Court,
having regard to the background of the case and to the fact that
the vast majority of the category of workers involved have become
members of M.S.F. with the agreement of another union, recommends
that the Company extend recognition and negotiating rights to
M.S.F. on the understanding (outlined to the Court hearing) that
this will not involve the Company in additional negotiations with
the clerical group.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9433 RECOMMENDATION NO. LCR14433
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
IRISH CEMENT LIMITED
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Union Recognition.
BACKGROUND:
2. The dispute concerns 14 clerical and technical workers who
joined M.S.F. (then A.S.T.M.S.) in 1987. Following their
acceptance into M.S.F. in April 1988 the Union wrote to the
Company on a number of occasions seeking a meeting to discuss
recognition and negotiating rights on behalf of the workers
concerned. Management stated that they would not consider
recognition of M.S.F. as another union has negotiating rights
on behalf of the clerical group and an inter-union problem
existed. On the 11th January, 1994, M.S.F. 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
in Limerick on the 26th April, 1994.
UNION'S ARGUMENTS:
3. 1. The workers concerned are exercising their democratic
rights in joining the Union of their choice. It is a
fundamental principle of good industrial relations that
the Company recognise the Union's right to represent the
workers concerned and negotiate a procedural agreement
on their behalf.
2. The majority of workers left another union of their own
accord to join M.S.F. as they felt they would get better
representation. They have been members of M.S.F. for
the past six years and have stated that they will not
join another union under any circumstances.
3. There are no inter-union difficulties attached to the
recognition of M.S.F. as representing the workers
concerned. Friendly relations exist with other unions
in the Company and the right of M.S.F. to seek
recognition and negotiating rights on behalf of its
members is accepted.
COMPANY'S ARGUMENTS:
4. 1. There are 41 unionised clerical staff at the Company's
outlets (two) who are represented by two unions. The
Company has no objections to the workers concerned
joining one of the existing Unions. It is ludicrous for
the Company to have to negotiate with three unions
representing 41 clerical staff.
2. The Company has found over the years that one of the
main causes of industrial relations problems has been
the proliferation of unions with leap-frogging claims
and inter-union disputes relating to membership and
demarcation issues.
3. There is no evidence that the existing unions, who
already represent clerical staff on the same grades,
cannot effectively represent the workers concerned.
RECOMMENDATION:
While understanding the Company's aspirations of recognising one
union for any one category of worker within the plant, the Court,
having regard to the background of the case and to the fact that
the vast majority of the category of workers involved have become
members of M.S.F. with the agreement of another union, recommends
that the Company extend recognition and negotiating rights to
M.S.F. on the understanding (outlined to the Court hearing) that
this will not involve the Company in additional negotiations with
the clerical group.
~
Signed on behalf of the Labour Court
6th May, 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.