FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : INCLINE REPAIR SERVICES LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Trade Union recognition.
BACKGROUND:
2. The Company was established in Shannon, Co. Clare in 1998. It is a subsidiary of Incline Holdings Limited based in the United States. It currently employs twenty nine staff.
In early 2000, a large number of the employees joined the Union. In January, 2001, the Union wrote to the Company requesting a meeting to discuss issues regarding conditions of employment of its members and to open negotiations on a Company/Union procedural agreement. The Company did not respond and the matter was referred to the Labour Court on the 24th of January, 2001, under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th of April, 2001. The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. Workers approached the Union seeking to join as they were experiencing problems with the Company when raising issues regarding their conditions of employment.
2. The Company failed to respond to the Union's request for a meeting to discuss its members concerns and to open discussions on a Company/Union agreement.
3. The rights of the workers to be represented by a Trade Union of their choice must be recognised by the Company.
COMPANY'S ARGUMENTS:
4. 1. There is a good working relationship between the workers and management.
2. Workers are encouraged to talk to management regarding any grievance they may have which in turn will be dealt with.
3. There is an adequate grievance procedure in place within the Company without having to resort to the intervention of a Trade Union.
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends that the matter referred to the Court should be progressed as per the procedures outlined in S.I. 145 of 2000 Industrial Relations Act, 1990 (Code of Practice on Voluntary Dispute Resolution)
(Declaration) Order, 2000 and that the company should co-operate with the process.
This code recommends that"where negotiation arrangements are not in place and where collective bargaining fails to take place..." "in the first instance, the matter should be referred to the Labour Relations Commission who will appoint an Officer from its Advisory Service to assess the issues in dispute".
Signed on behalf of the Labour Court
Caroline Jenkinson
21st May, 2001______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.