FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PARCELINE - AND - COMMUNICATIONS WORKERS' UNION (C.W.U.) DIVISION : Chairman: Ms Owens Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Union recognition.
BACKGROUND:
2. The Union is in dispute with the Company over union recognition and negotiating rights on behalf of its members. It claims that it represents 75% to 80% of the workforce.
The Company operates a parcel delivery service and has four operational sites, three in the United Kingdom and one in Dublin. It claims that the Transport and General Workers' Union (T&GWU) in the UK represents all of its employees and states that further union representation is unnecessary. The Company declined the assistance of the Conciliation Service of the Labour Relations Commission in the dispute.
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 Court investigated the dispute on the 7th of April, 1998.
UNION'S ARGUMENTS:
3. 1. All employees have the right to be represented by a trade union of their choice.
2. The employees requested the Union to represent them in relation to pay, health and safety and other outstanding issues.
3. There is no agreed grievance and disputes procedures.
4. A majority of the staff in the Company have requested that the Union represent them. The Company should accept the democratic right of the workers in making this decision.
COMPANY'S ARGUMENTS:
4. 1. The Company has introduced a productivity scheme which has substantially enchanced the earnings potential of the workers. It is also proposed to introduce a pension scheme for all staff.
2. It has always been the custom and practice in the Company to recognise the Transport and General Workers' Union (T&GWU) as the representative body for the Company's employees.
3. The Company has an outstanding record in Industrial Relations and an association with the T&GWU which spans some 40 years.
4. The introduction of a second trade union into the Company, representing the same category of worker would not be good for industrial relations and could lead to conflict.
RECOMMENDATION:
The Labour Court having considered both the written and oral submissions presented by both parties, recommends that the Company recognise the CWU's right to represent the employees of the Company whom it has in membership
Signed on behalf of the Labour Court
Evelyn Owens
9th April, 1998______________________
L.W./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.