FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WEN-PLAST LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Dispute concerning conditions of employment.
BACKGROUND:
2. The Company is involved in the manufacture of hygienic doors and fire doors from glass reinforced plastic and employs 28 workers. In June, 1998 the Union wrote to the Company advising it that some workers had joined the Union and seeking a meeting to discuss various issues related to workers' pay and conditions of employment. The Company is prepared to recognise SIPTU as the Union representing workers under certain conditons. It has paid all phases of Partnership 2000 to date along with the various National Agreements since 1991. While the Company is prepared to open local negotiations with the Union, in the first instance Management requires a commitment from the Union that it would be bound by the terms of Partnership 2000 and its cost increasing parameters. The Union negotiating with the Company for the first time, does not feel that the limitations of Partnership 2000 apply and is not prepared to give such an undertaking. The dispute was referred to the Labour Relations Commission. Conciliation conferences were held in December, 1998 and February, 1999 but agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 26th of March, 1999. A Court hearing was held on the 16th of August, 1999, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company requirement that the Union give a written undertaking not to make cost increasing claims is not acceptable to workers. The Company should recognise the intrinsic rights of workers to be represented by the union. Thereafter, any issues which workers wish to raise can be dealt with in accordance with good industrial relations procedures and practice.
2. The Company should honour its own commitment to workers in its terms and conditions of employment which states:-
"The Company recognises each employee's constitutional right to join a trade union. The Company is fully prepared to recognise a single trade union, i.e. SIPTU for all its manual/hourly paid employees, should that trade union be able to prove that over 50% of staff have joined and are fully paid up to that trade union. Should a trade union request formal recognition, it will be the Company's intention to negotiate a new and more comprehensive agreement on terms and conditions of employment. It is recognised by both parties to this agreement, that the Company will only recognise one union and will not recognise any union presence or claim, should it be proven that there is a multi union situation in existence. Should a single trade union request formal recognition, the Company reserves its right to negotiate new and more comprehensive Terms and Conditions of Employment."
The Union wishes to emphasise that whilst it has no objection to the clause, it was inserted without the knowledge of the Union. Management, of its own volition, gave Union recognition to their employees. All the Union seeks is that the Company gives effect to its own commitment.
COMPANY'S ARGUMENTS:
4. 1. The Company has gone to considerable efforts to make sure that its pay rates and conditions of employment at least match or exceed those of comparable employments (details supplied to the Court). At no time during various discussions has the Union been able to argue that the Company is out of line in these areas. The Union's claim for increases beyond the terms of Partnership 2000 is unrealistic and cannot be conceded by the Company.
2. In 1990 the Company experienced serious difficulties with employees when a large number of workers made totally unrealistic demands for wage increases which the Company could not accede to. In the middle of negotiations all but one of these workers tendered their resignations which were accepted. Subsequently, the Company rebuilt its business and successfully defended the unfair dismissal cases lodged. The Company had the unique experience of workers pursuing unrealistic, unfounded claims and these events have directly influenced Management's approach to employee relations. Over the years the Company has ensured that it applies the norms, in terms of pay and conditions of employment in a flexible way that will support the Company's manufacturing operation.
3. The Company's position on union recognition is clear. It has provided for union recognition subject to certain criteria, within industrial contracts of employment. These contracts of employment , which have been in operation for a number of years, were written to allow sole representation to SIPTU with the explicit intention that unrealistic demands in breach of National Agreements, would not be pursued. The Company will not consider recognising the Union until it gives a commitment to dropping its claims on rates of pay and conditions of employment as outlined at various discussions.
RECOMMENDATION:
The Court notes that the Agreement between the Company and its staff provides an unconditional commitment to recognise SIPTU in circumstances in which more than 50% of staff have joined the Union. Since that requirement has now been met the Court recommends that the Union should be recognised for normal industrial relations purposes.
The Court further recommends that following the granting of formal recognition the Company should enter into discussions with the Union on the issues which it previously raised. These discussions should be conducted within the context and parameters of the Partnership 2000 agreement and the Minute of Understanding between the parties on its application to newly-unionised employments.
Signed on behalf of the Labour Court
Kevin Duffy
26th August, 1999______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.