Labour Court Database __________________________________________________________________________________ File Number: CD95290 Case Number: LCR14863 Section / Act: S20(1) Parties: PIERCAN IRELAND LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
Having considered the written and oral submissions of the parties
the Court recommends that the Company recognise the Union for
negotiating purposes on behalf of those employees it has in its
membership.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95290 RECOMMENDATION NO. LCR14863
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
PIERCAN IRELAND LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. The Company is located at Kenmare, Co. Kerry and is a
subsidiary of a French Company, Piercan S.A., Paris. It
manufactures latex laboratory gloves and employs 62 workers.
In December, 1994 a number of workers joined the Union. The
Union sought recognition and negotiating rights on behalf of
its members. The Company did not respond in a favourable way
and, in March, the Union sought to refer the issue to the
Labour Relations Commission. The Company declined to attend
a conciliation conference hearing and on the 4th May, 1995
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 in Tralee on the 25th July, 1995.
UNION'S ARGUMENTS:
3. 1. A substantial number of workers in the employment have
exercised their constitutional rights and joined the
Union. It is in the best interest of good industrial
relations practice that the Company recognise the Union
and its right to negotiate on behalf of its workers.
2. Affording the Union recognition will not cause problems
to the Company. The Union deals with a large number of
employees in the region and in general enjoys harmonious
industrial relations with them.
COMPANY'S ARGUMENTS:
4. 1. The Company has enjoyed excellent management/worker
relations without Union involvement. It deals directly
with staff on an individual and caring basis. There is
also an employee representative committee in place to
deal with employee grievances which arise from time to
time.
2. The Company has expanded and invested heavily in a new
plant and has expanded its workforce. It pays good
wages including generous shift allowance and also
operates a policy of promotion from within.
3. Whilst the Company acknowledges the employees'
constitutional right to associate it is under no legal
obligation to recognise a trade union if it chooses not
to do so. The owners of this small family run business
are adamant that they do not wish to deal with a trade
union in Piercan Ireland Limited.
RECOMMENDATION:
Having considered the written and oral submissions of the parties
the Court recommends that the Company recognise the Union for
negotiating purposes on behalf of those employees it has in its
membership.
~
Signed on behalf of the Labour Court
11th August, 1995 Finbarr Flood
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.