Labour Court Database __________________________________________________________________________________ File Number: CD9451 Case Number: LCR14450 Section / Act: S20(1) Parties: RIVER ISLAND CLOTHING COMPANY - and - MANDATE |
Union Recognition.
Recommendation:
Having considered the submissions from the parties the Court
recommends that the Company recognise the Union's right to
negotiate on behalf of those employees it has in membership.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9451 RECOMMENDATION NO. LCR14450
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
RIVER ISLAND CLOTHING COMPANY
AND
MANDATE
SUBJECT:
1. Union Recognition.
BACKGROUND:
2. 1. The Company is U.K.- based and commenced trading in
Ireland in March, 1993. It operates two concession
outlets in Arnotts stores. The Union represents a
number of staff in the stores. Prior to the outlets'
opening the Union wrote to the Company in February, 1993
enclosing a draft agreement covering workers' terms and
conditions of employment, disciplinary, grievance
procedure etc. for consideration. Management
acknowledged the letter but did not reply to further
communications from the Union.
2. On the 14th 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 12th May, 1994. (The earliest date
suitable to the parties).
UNION'S ARGUMENT:
3. 1. The Union represents the majority of workers in the
Company. It is in the best interests of good industrial
relations practice that the parties negotiate a formal
agreement covering recognition and terms and conditions
of employment relating to staff working in the Company.
The proposed draft agreement submitted by the Union is a
standard agreement negotiated with many similar
employments. Another U.K. based company operating a
concession outlet in Arnotts has recently negotiated a
similar agreement with the Union.
COMPANY'S ARGUMENTS:
4. 1. The Company has no objection to workers joining a Union.
As far as Management is aware the majority of the
workers have not joined the Union. To date no worker
has approached the Company concerning any
dissatisfaction with their terms and conditions of
employment or expressing a wish to be unionised.
2. Management believes in a "hands on" approach in dealing
with any problems which arise. Problems are dealt with
expeditiously through the Retail Director/four Regional
Controllers and nineteen Area Controllers, all of whom
deal with staff issues.
3. The workers' wages and conditions of employment compare
favourably to those in similar employments. They are
covered by the terms and conditions stipulated in the
Registered Agreement for the Footwear, Drapery and
Allied Trades. Many of the workers concerned enjoy
terms and conditions in excess of those outlined in the
Agreement.
4. In the past the Company has successfully dealt with all
issues throughout the U.K. at local level without
reference to a third party. It wishes to continue this
practice. Agreement with the Union is not necessary.
RECOMMENDATION:
Having considered the submissions from the parties the Court
recommends that the Company recognise the Union's right to
negotiate on behalf of those employees it has in membership.
~
Signed on behalf of the Labour Court
24th 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.