Labour Court Database __________________________________________________________________________________ File Number: CD95502 Case Number: LCR14981 Section / Act: S20(1) Parties: SAINT ALBERTS HOME - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
The Court, having considered the written and oral submissions of
both parties, recommends that the employer recognise the Union's
right to represent the employees who are members of the Union.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95502 RECOMMENDATION NO. LCR14981
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
SAINT ALBERTS HOME
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. The Company is a privately-owned Nursing Home which was
established in 1988 and currently employs thirty people.
On 17th May, 1995 the Union advised the Company that
approximately twenty non-nursing staff had joined the Union,
and requested a meeting to discuss conditions of employment
of the workers concerned. The Company failed to respond to
the Union's request. The Union wrote again to the Company in
June and July, 1995, but received no reply.
In June, 1995 the Company declined an invitation to attend a
conciliation conference at the Labour Relations Commission.
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. A Labour
Court hearing took place in Cork on 9th November, 1995.
UNION'S ARGUMENTS:
3. 1. The Union has a policy of dealing honourably with
companies where it has a membership. It does not
interfere with the Company's right to manage its
business as required.
2. The Union sought a meeting with the Company to establish
agreed conditions of employment and hoped for a
harmonious relationship with the Company.
3. Following its initial correspondence, the Union became
aware that management persuaded the majority of the
staff to resign their membership, leaving only one or
two members to be represented by the Union.
4. The Union requests the Court to make a recommendation
that, in the interests of good staff relations, the
Union be granted recognition to enable it to represent
any members, no matter how few in number.
COMPANY'S ARGUMENTS:
4. 1. The Company employs a total of thirty staff, of which
eighteen are non-nursing staff. They are employed on a
personal basis and each employee deals directly with the
Company regarding his/her employment conditions.
2. Several months ago the Company retained the services of
a solicitor to draw up a standard contract for the
non-nursing staff. He used extracts from various
documents and inadvertently quoted the Union's name on
the contract.
3. The staff assumed that they were obliged to join the
named Union. The Company informed them of the error and
most of them voluntarily resigned their membership.
4. The majority of staff have chosen to deal with the
Company on an individual basis, therefore the Company
does not see the necessity for Union representation of
one or two members.
RECOMMENDATION:
The Court, having considered the written and oral submissions of
both parties, recommends that the employer recognise the Union's
right to represent the employees who are members of the Union.
~
Signed on behalf of the Labour Court
1st December, 1995 Finbarr Flood
D.G./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.