FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MOUNT CONGREVE ESTATE, KILMEADEN (REPRESENTED BY RONAN DALY JERMYN, SOLICITORS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Union recognition.
BACKGROUND:
2. The Union, on behalf of 11 of a workforce on the Estate of approximately 94, sought recognition and the right to negotiate on behalf of its members in respect of their terms and conditions of employment. The Estate, while acknowledging the right of workers to join the Union, has refused to recognise it for the purposes of the negotiation of the workers' terms and conditions.
The dispute was referred to the Court, by the Union, on the 22nd of April, 1999, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Court, commenced its investigation into the dispute, at a hearing in Waterford, on the 29th of June, 1999 which, following adjournment, was resumed, in Waterford, on the 23rd of September, 1999.
UNION'S POSITION
3. 1. In 1997, a cross-section of workers on the Estate approached the Union seeking professional representation in order to address a range of matters. Several unsuccessful attempts have been made to engage the Management of the Estate in meaningful discussions concerning the workers' interests (details supplied to the Court).
ESTATE'S POSITION:
4. 1. The Estate Manager has been dealing with the affairs of the Estate since 1959 and during that time has had a very good working relationship with the many employees on the Estate, some of whom have been employed there for many years. This has been done on a one-to-one basis and has ensured the smooth running of the Estate. While the Estate's owner does recognise the right of workers to join Trade Unions, he does not accept that he is obliged to negotiate with any Trade Unions.
2. A majority of the workforce on the Estate has indicated that they wish for the current practice of individual negotiations with Management, on terms of employment, to continue.
RECOMMENDATION:
The Court recommends that the Company accept the Union's right to represent those employees in its membership.
Signed on behalf of the Labour Court
Finbarr Flood
19th October, 1999.______________________
MK/BCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.