FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL PEN LIMITED - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Union recognition.
BACKGROUND:
2. The Company is part of an American Corporation and manufactures and assembles pens for export to the European market. It employs approximately 184 workers. Union recognition on behalf of workers in the Production Department was the subject of a Labour Court investigation and recommendation in 1991. The Court in LCR13470 recommended as follows:-
"The Court has fully considered the views expressed by both
parties in their oral and written submissions.
........... accordingly it is the view of the Court in this case that
the Company should recognise the Union on behalf of its members
in the Production Department."
Subsequently, over the years, the Union sought to have the recommendation implemented without success. On the 9th March, 1996 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. The Company declined an invitation to attend the hearing but submitted a written statement to the Court. It maintained that the Works Committee adequately represented workers' interests. It has Company policy world-wide not to recognise unions and the Company proposed to follow corporate policy in Ireland. A Court hearing was held in Dundalk on the 10th July, 1996.
UNION'S ARGUMENTS:
3. 1. The original Management of the Company were well disposed to the Union but following a change in management the company became very hostile to the Union. Workers experienced harassment by managers.
2. The Works Committee does not adequately represent workers. It is purely an extension of management control of workers.
3. Workers have a fundamental right to be represented by the Union.
4. Management's negative perception of union involvement is ill-founded and misleading. It behoves local management to display to their US superiors that business can be done in partnership with the Union which is beneficial to all concerned.
RECOMMENDATION:
The Court's view is that this issue has already been the subject of a Labour Court hearing (LCR13470).
The Court finds no reason to change the recommendation made previously.
Signed on behalf of the Labour Court
Finbarr Flood
17th July, 1996______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.