Labour Court Database __________________________________________________________________________________ File Number: CD95676 Case Number: LCR15058 Section / Act: S20(1) Parties: EWL ELECTRIC LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Deduction of Union subscriptions at source.
Recommendation:
The Court considered all the issues raised by the parties in their
oral and written submissions.
It is the Court's view that the Company should seek ways of
overcoming any difficulties that may exist to the deduction of
union subscriptions at source and implement such a service as soon
as possible.
Division:
Text of Document__________________________________________________________________
CD95676 RECOMMENDATION NO. LCR15058
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
EWL ELECTRIC LIMITED
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Deduction of Union subscriptions at source.
BACKGROUND:
2. EWL Electric Limited was taken over by a multi-national
company, Edmondson Electric in 1992. The Company employs 55
workers at its plant in Ireland and 4,700 at its UK plant.
Irish and UK employees are paid from a central computerised
payroll system which is based in the UK. The Irish
subsidiary is the only operation where deductions at source
of union dues arises.
The Company agreed following the take over of the Company to
carry on union deductions and other deductions for all
existing employees but stated that it would not provide this
service to new employees or if current deductions lapsed.
In November, 1994, seven members of the Marine Port and
General Workers Union (MPGWU) requested that the deductions
of union dues be discontinued. The Company complied with the
request. The workers concerned transferred to another union,
the Amalgamated Transport and General Workers Union (ATGWU)
and requested the Company to provide them with the same
facilities for the deduction of union dues. The Company
refused to comply with their request.
The Union (ATGWU) referred the dispute 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 18th December, 1995.
UNION'S ARGUMENTS:
3. 1. The Union does not accept the Company's argument that
their Accounting/Computer System could not accommodate
the deduction of union subscriptions.
2. The Union's request is a reasonable one. The scheme was
in operation when the employees were members of the
MPGWU.
COMPANY'S ARGUMENTS:
4. 1. The Company made it clear that no new deductions would
be entertained and that existing deductions would not be
renewed if they lapsed.
2. Irish and UK employees are paid from a central
computerised payroll system based in the UK. The Irish
subsidiary is the only operation where union dues are
deducted at source.
3. A disproportionate amount of work is required to provide
the facility of deductions at source as it requires
manual intervention to accommodate seven employees.
4. The Company has no objection to employees joining a
union. However, the Company does not recognise the
ATGWU and sees no reason to facilitate it in introducing
a deduction at source scheme.
RECOMMENDATION:
The Court considered all the issues raised by the parties in their
oral and written submissions.
It is the Court's view that the Company should seek ways of
overcoming any difficulties that may exist to the deduction of
union subscriptions at source and implement such a service as soon
as possible.
~
Signed on behalf of the Labour Court
10th January, 1996 Evelyn Owens
L.W./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.