FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH EAST RADIO (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - NATIONAL UNION OF JOURNALISTS DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Recognition rights/collective bargaining.
BACKGROUND:
2. The Radio station broadcasts throughout County Wexford and has been in operation since 1989. It employs twenty six staff.
The Union claims that the Company refuses to recognise it for the purpose of collective bargaining.
The matter was referred to the Labour Court on the 24th of July, 2002, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd of December, 2002, the earliest date suitable to the parties. The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The Union represents 100% of journalists employed by the station for the purpose of collective bargaining.
2. The staff concerned wish to have the Union recognised in the proper manner by the Company.
COMPANY'S ARGUMENTS:
4. 1. The station is successful and enjoys good relations with its employees. There is a low staff turnover.
2. The Company does not wish to enter collective bargaining with the Union. Its policy is to conduct employee relations directly with the employees.
RECOMMENDATION:
In this case 100% of journalists employed by the Station are in membership of the Union. In these circumstances the Station should recognise the Union's right to represent its members for industrial relations purposes including negotiations on pay and conditions of employment.
There is, however, a need for the parties to put in place a procedural framework in which they would engage with each other. The Court recommends that the parties should now agree such a framework using, if necessary, the services of the Labour Relations Commission and where appropriate the procedures under the Code of Practice on Voluntary Dispute Resolution.
Signed on behalf of the Labour Court
Kevin Duffy
13th December, 2002______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.