Labour Court Database __________________________________________________________________________________ File Number: CD95445 Case Number: LCR14931 Section / Act: S20(1) Parties: GAELIC SEAFOODS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Union Recognition.
Recommendation:
Having considered the submissions made by the parties, the Court
recommends that the Company draws up an agreement with S.I.P.T.U.
covering the Roancarrig Fish Farm, Castletownbere.
Division: Mr Flood Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95445 RECOMMENDATION NO. LCR14931
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
GAELIC SEAFOODS LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Union Recognition.
BACKGROUND:
The dispute concerns the Union's request for union
recognition for 15 of its members who are employed at the
Roancarrig Fish Farm, Castletownbere, Co. Cork.
The 15 workers became members of the Union on 24th October,
1994. At that time they were employed by Salmara Limited,
which was a subsidiary of the E.S.B. Roancarrig was one of
four fish farms which the E.S.B. sold. The four fish farms
were subsequently bought by Gaelic Seafoods Limited.
The Union claims that it tried on a number of occasions to
have a meeting with the Company regarding union recognition
for the 25 workers but the Company would not attend.
Attempts to have the Company attend a conciliation conference
with the Labour Relations Commission also failed.
The Company, in a letter to the Court, stated that it could
resolve employee relations issues without help from a third
party. It maintained that only 10% of its workforce were
members of a Union. It gave an example of a dispute which
was solved without the Union being involved. The Company
also stated that it was in the process of drafting a Staff
Association Charter which would allow for representation for
all employees of the Company.
The Union referred the dispute to the Labour Court on 31st
July, 1995, in accordance with Section 20(1), Industrial
Relations Act, 1969. A Labour Court hearing took place on
20th September, 1995, in Cork. The Company did not attend
the hearing.
UNION'S ARGUMENTS:
1. The Union does not accept that an employer can come into
operation and treat workers with contempt by refusing to
recognise the Union. The rights and working conditions of
the workers would be eroded in this way.
2. The Union has been very reasonable in its attempts to
negotiate with the Company. The Company has refused to meet
with the Union. The workers had union recognition when they
were employed by Salmara Limited. Their Union subscriptions
are still being deducted by Gaelic Seafoods Limited.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court
recommends that the Company draws up an agreement with S.I.P.T.U.
covering the Roancarrig Fish Farm, Castletownbere.
~
Signed on behalf of the Labour Court
9th October, 1995 Finbarr Flood
C.O.N./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.