FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AIBP, CAHIR PLANT (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Deduction at source.
BACKGROUND:
2. AIBP Limited operates nine beef processing plants across the country. Some of these plants are non-unionised and some have unionised members of staff. Management in Cahir recognise and negotiate with the Union. The dispute concerns the Union's claim for the deduction of Union dues at source. The Company rejects the claim. The matter was the subject of a conciliation conference held under the auspices of the Labour Relations Commission. As agreement could not be reached the dispute was referred to the Labour Court on the 11th of September, 2000 under Section 26(1) of the Industrial Relations Act,1990. A Labour Court hearing took place in Portlaoise on the 17th of October, 2000.
UNION'S ARGUMENTS:
3. 1. The Union has taken approximately 70 people employed in the Cahir plant into membership and many more have indicated their they intention to become members if a system of deduction at source is introduce.
2. The Company is already deducting Union dues in a number of other plants and its refusal to facilitate the Union and the workers in the current climate of partnership is unacceptable.
3. The Union's request is reasonable given the technology at the Company's disposal and the fact that it has already conceded recognition.
COMPANY'S ARGUMENTS:
4. 1. The Company will continue to recognise the legitimate right of the Union to negotiate on behalf of its members on terms and conditions of employment both at the Cahir plant and at other plants throughout the Group.
2. The Company recognise the fact that the Union has the right to collect dues from its members in return for the services provided to its members by the Union.
3. The Company's experience with the Union both at the Cahir plant and at other plants and at Group level has been difficult and in many instances damaging to the Company. Accordingly the Company is not prepared to facilitate the collection of Union dues at source in Cahir or at any other plant where the collection of Union dues at source does not currently exist.
RECOMMENDATION:
It is a matter of major concern to the Court that comments made in a recommendation in 1988, dealing with a similar claim, in relation to the lack of confidence between the parties, is even more relevant today.
The Company has made it clear that based on its perception of how the Union conducts its business and a belief that the Union has dealt with it differently to other companies, it will not facilitate this request.
It is clear that the extremely bad relationship between the parties requires to be addressed as a matter of priority. The Court, therefore, recommends that a meeting be convened between the Company and the Union at the level to deal with the problems arising from this ongoing confrontational climate.
Signed on behalf of the Labour Court
Finbarr Flood
27th October, 2000______________________
FB/CCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.