FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NEW ERA PACKAGING (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Union recognition.
BACKGROUND:
2. The Company is involved in the manufacturing of self-adhesive labels and employs approximately 100 workers. It has a single-union agreement with the Graphical Paper and Media Union (GPMU). In September, 2002, the Union wrote to the Company seeking to represent 2 members in the maintenance department in relation to pay and terms and conditions. The Company replied, stating that it had the agreement with the GPMU, and that it was anxious to retain the arrangement.
The Union referred its case to the Labour Court on the 8th of January, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 10th of April, 2003, the earliest date suitable to the parties. The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. It was not made clear to the workers concerned when they joined the Company that there was a single-union agreement with the GPMU.
2. The GPMU itself does not have a problem with the TEEU and its quest for recognition rights.
COMPANY'S ARGUMENTS:
4. 1. The Company already has a single-union agreement with the GPMU, and that union has represented employees since early 1980.
2. The introduction of another Union would have an unsettling effect on the relationship between the Company and its employees, and could give rise to similar claims by other unions.
3 Both employees were made aware at interview of the single-union agreement and neither raised any objection.
RECOMMENDATION:
The Court notes the following in relation to this case:
- The single union recognition agreement upon which the Company relies does not apply to the category of staff associated with this claim.
- The union with which that agreement was concluded does not object to the TEEU being recognised in respect of the two individuals involved.
- The Irish Congress of Trade Unions have been consulted and have confirmed that the claim by TEEU to represent the individuals concerned is in conformity with its rules on trade union organisation and spheres of influence.
In the circumstances, the Court recommends that the Company should recognise the TEEU for normal industrial relations purposes in respect of the two employees who are members of that Union. The Company and the Union should agree arrangements within which they can establish constructive working relations into the future.
Signed on behalf of the Labour Court
Kevin Duffy
17th April, 2003______________________
CON/BGDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.