FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SHANNON ENVIRONMENTAL SERVICES LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Union recognition.
BACKGROUND:
2. The Company was established in 1985 and is one of Ireland's leading integrated chemical treatment facilities dealing with both hazardous and non-hazardous waste. In January, 2003 the Company was purchased by DCC Plc which is a business support services group focused on sales, marketing and distribution in the Energy, IT, Healthcare, Food and Environmental sectors.
The vast majority of employees are members of the Union for the last three years. On the 14th of May, 2003, the Union wrote to the Company seeking a meeting to discuss a range of issues in relation to the conditions of employment of its members. No meeting took place and the issue was referred to the Labour Court on the 10th of July, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 10th of December, 2003, the earliest date suitable to the parties. The Union agreed to be bound by the Court's recommendation.
The Company did not attend the hearing but furnished a written submission to the Court.
UNION'S ARGUMENTS:
3. 1. The majority of employees are members of the Union.
2. Members have experienced difficulties in attempting to raise issues of concern to them resulting in disciplinary warnings and dismissal of some members.
3. The Company must recognise the rights and wishes of the majority of its employees to be represented by the Union.
RECOMMENDATION:
The Company did not attend the hearing but made a written submission. The Court having considered the information before it recommends that the Company accept the Union's right to represent those employees in its membership.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th December, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.