Labour Court Database __________________________________________________________________________________ File Number: CD95371 Case Number: LCR14905 Section / Act: S20(1) Parties: RENNICKS MANUFACTURING IRELAND LIMITED (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
The Court finds that in the interests of promoting good industrial
relations the employer in this case should recognise the Union on
behalf of its members.
The Court recommends accordingly
Division: Mr McGrath Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95371 RECOMMENDATION NO. LCR14905
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
RENNICKS MANUFACTURING IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. The Company subcontracts the moulding of parts to major
manufacturers and also manufactures road signs and related
products. It employs 250 workers. In recent years a number
of workers joined the Union which wrote to the Company
seeking recognition and the negotiation of an agreement. The
Company did not respond. In March, 1995 the Union sought to
refer the dispute to the Labour Relations Commission but the
Company was unwilling to attend a conciliation conference.
On the 9th June, 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. A Labour Court hearing was held on the 1st
September, 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 reasonable and fair that the Company
should recognise the Union and afford it the facility to
negotiate on behalf of these workers.
2. The Court in many similar cases has recommended that
Companies recognise unions particularly where a
substantial number of workers have joined the union
concerned.
COMPANY'S ARGUMENTS:
4. 1. The Company is operating in a very competitive trading
environment and any further changes would expose it
commercially.
2. The majority of the workforce in the plant do not want
Union representation. A works council is in operation
which adequately represents all employees at the plant.
The Company has a policy and procedures document which
deals with most aspects of the employment. There is no
reason to change the existing system of representation.
RECOMMENDATION:
The Court finds that in the interests of promoting good industrial
relations the employer in this case should recognise the Union on
behalf of its members.
The Court recommends accordingly
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Signed on behalf of the Labour Court
3rd October, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.