Labour Court Database __________________________________________________________________________________ File Number: CD94700 Case Number: LCR14682 Section / Act: S20(1) Parties: BOC GASES IRELAND LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Vertical cylinder handling transport agreement.
Recommendation:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions and finds that the
Union and the Company negotiated and signed the Agreement in good
faith.
The parties, given the information and the assurances available to
them, had no reason to consider there were any difficulties when
finalising the Agreement.
Further, the Agreement was implemented in full, is being operated
and the employees have received the benefits.
In all the circumstances the Court considers that the Agreement
should stand.
The Court so recommends.
Division: Mr McGrath Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94700 RECOMMENDATION NO. LCR14682
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BOC GASES IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Vertical cylinder handling transport agreement.
BACKGROUND:
2. In February, 1994, agreement was reached between the parties
in relation to drivers employed in vertical cylinder handling
(VCH), artic and tanker driving. The agreement provided for
the implementation of revised scheduled times and practices
and covered all VCH, artic and tanker drivers employed by the
Company in Dublin, Athlone, Kilkenny and Limerick. The final
position was reached following direct discussions and two
conciliation conferences at the Labour Relations Commission.
The drivers from the three sections balloted separately on
the proposals.
The dispute before the Court concerns the Company/Union
Agreement in relation to drivers in the VCH section. The
Union claims that the Agreement is null and void. The
Company's position is that it is upholding the Agreement and
rejects the Union's claim.
The Union referred the dispute to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1990 on 28th
November, 1994 and agreed to be bound by the Court's
recommendation. A Labour Court hearing took place on 24th
January, 1995.
UNION'S ARGUMENTS:
3. 1. The Agreement on behalf of the VCH drivers was concluded
on 10th February, 1994. The Agreement was signed on the
understanding that assurances given to the Union
negotiators by the workers' shop steward were correct.
He indicated that if the Company conceded certain items
as identified by himself that the proposals were
acceptable to the workers concerned. The Union was
later informed that the information given by the shop
steward was incorrect and that he had misled the Union.
2. The Shop Steward has accepted responsibility for
misleading the Union and has apologised for his actions.
At the time the Agreement was concluded the Shop Steward
was under considerable stress due to domestic pressures.
3. In the circumstances the workers consider that the
Agreement is null and void and the Company's refusal to
consider the matter through the Company/Union disputes
procedures is unreasonable.
COMPANY'S ARGUMENTS:
4. 1. The Company has a signed Company/Union Agreement which
must be upheld to ensure the Company's survival. The
Agreement is working effectively and efficiently and to
the benefit of all parties.
2. The employees have received substantial compensation as
a result of this Agreement.
3. The dispute is an internal Union matter which cannot be
allowed to jeopardise an important and substantial
Company/Union Agreement.
RECOMMENDATION:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions and finds that the
Union and the Company negotiated and signed the Agreement in good
faith.
The parties, given the information and the assurances available to
them, had no reason to consider there were any difficulties when
finalising the Agreement.
Further, the Agreement was implemented in full, is being operated
and the employees have received the benefits.
In all the circumstances the Court considers that the Agreement
should stand.
The Court so recommends.
~
Signed on behalf of the Labour Court
20th February, 1995 Tom McGrath
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.