Labour Court Database __________________________________________________________________________________ File Number: CD95383 Case Number: LCR14922 Section / Act: S20(1) Parties: MISSIONARY SOCIETY OF ST. COLUMBAN (ST COLUMBAN'S) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union recognition.
Recommendation:
The Court having considered the submissions of the parties
recommends that the Society recognise the rights of the Union to
represent and negotiate on behalf of its members in this
employment.
Division: Mr McGrath Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95383 RECOMMENDATION NO. LCR14922
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
MISSIONARY SOCIETY OF ST. COLUMBAN
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Union recognition.
BACKGROUND:
2. 1. The Union has fifteen members currently employed by the
Missionary Society of St. Columban at Dalgan Park,
Navan. They are "In Service Staff" and work in various
sections at St. Columban. The Union is seeking the
right to negotiate the terms and conditions of
employment with the employer, on behalf of these
members. The employer proposed a "Staff Association" as
the basis for solving difficulties between employees and
the Society. The proposal was rejected by the members.
2. The employer wishes to maintain the valued ethos between
staff and management which has existed between them for
many years. It is considered by management that the
introduction of a trade union/management structure into
the system will be counter-productive.
3. The employer refused all approaches to meet the Union
and would not attend conciliation conference which would
be chaired by an Industrial Relations Officer of the
Labour Relations Commission. The Union then requested
that the dispute be referred to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969.
The Union agreed to be bound by the decision of the
Court. The Court investigated the dispute on 11th
September, 1995.
COMPANY'S ARGUMENTS:
3. 1. The Missionary Society of St. Columban has encountered
very few grievances or industrial relations problems
with employees in its seventy-seven year history. Where
problems did arise, trade unions were accommodated in
their representation of their members. The Society is
aware of no dissatisfaction with present rates of pay or
conditions of employment.
2. The Society is a caring and responsible employer. Its
rates of pay are in line with those paid locally. The
Society also honours any increases prescribed under the
national wage agreements. In addition, a
non-contibutory pension scheme is provided both for
full-time and part-time employees. Other benefits
include generous leave entitlements.
3. The Society has always been disposed to creating local
employment and has operated a magnanimous policy of
recruitment and selection. Since 1918, it has been a
source of secure employment within a caring environment.
It often employed several members of the same family and
even several generations of families.
4. The Society accepts the right of employees to join a
trade union. However, the Society has proposed a "Staff
Association" as the best forum for settling disputes
between employer and employees. The Association would
run for a reasonable trial period. The employees would
then vote on whether to accept or reject the "Staff
Association" or go for full membership of the union.
The Society will then accept whatever the employees
decide.
UNION'S ARGUMENTS:
4. 1. Our members at St. Columban's are simply seeking Union
recognition. The employer has refused to give this
recognition. The offer of a "Staff Association" within
the employment is not acceptable to the members.
2. It is not acceptable to the Union, that while the
employer is represented by IBEC, it refuses to recognise
the right of workers to union representation.
3. The Catholic Church Hierarchy in Ireland have supported
the efforts of workers to win Union recognition from
their employers.
4. The Church, through their missionaries abroad have
supported workers who have struggled to organise and be
represented by their Trade Union. It has identified
with their struggle and efforts. The stance taken by
St. Columban's, therefore, is at variance with the
Catholic Church's own leadership and policy position.
RECOMMENDATION:
The Court having considered the submissions of the parties
recommends that the Society recognise the rights of the Union to
represent and negotiate on behalf of its members in this
employment.
~
Signed on behalf of the Labour Court
4th October, 1995 Tom McGrath
L.W./D.T. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.