FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IMPACT INDUSTRIES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Union recognition.
BACKGROUND:
2. The Company is involved in the production of cable harnesses. The Union is seeking negotiation rights on behalf of eight of the Company's 9 operatives who became Union members since August, 1999. The Company declined to recognise the Union. The dispute was referred to the Court, on the 20th of September, 1999, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Court investigated the dispute, in Cork, on the 2nd of November, 1999.
UNION'S ARGUMENTS:
3. 1. The Union's members wish to have their constitutional right to join a trade union recognised. That right can only be meaningfully vindicated when the employer formally recognises and negotiates with the Union.
2. The Union is willing to conclude an all-embracing and comprehensive Union/Company agreement.
COMPANY'S ARGUMENTS:
4. 1. The Company has no difficulty with its employees joining a union as long as the union doesn't expect the Company to enter into negotiations with it.
2. The Company has a preference to negotiate with staff on a one-to-one basis.
RECOMMENDATION:
Having considered the submissions of the parties, the Court recommends that the Company recognise the Union and negotiate with it in respect of industrial relations matters affecting those employees whom it has taken into membership.
Signed on behalf of the Labour Court
Kevin Duffy
17th November, 1999______________________
M.K./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.