FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FRUIT OF THE LOOM (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Withdrawal of recognition for salaried staff.
BACKGROUND:
2. The dispute concerns the Union's claim that the Company has withdrawn the rights for its salaried staff to be represented by a union. The Union is seeking to have these rights restored as they have been recognised in the Company/Union agreement for many years. SIPTU, and its predecessor the ITGWU, have had sole representation rights for all workers in the Company.
The Union referred its case to the Labour Court on the 21st of July, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd of September, 2003, in Donegal. The Company did not attend the hearing but in a letter to the Court stated that it had never negotiated or recognised the Union in regard to terms and conditions of employment for salaried staff. The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The workers have a right to be represented by their Union, and the Company/Union agreement of June, 1994, recognises this (details supplied to the Court).
2. The Union cannot understand why the Company is suddenly making a distinction between hourly paid members and staff members.
RECOMMENDATION:
The Court finds it regrettable that the Company did not attend the hearing. The Company did communicate with the Court by letter, the contents of which were taken into account.
The Court is satisfied that SIPTU and the former ITGWU were recognised as the appropriate Union for salaried staff, and this is acknowledged in an agreement concluded between the parties in June, 1994. On the basis of the information now before it, the Court recommends that the Company should recognise SIPTU for all normal industrial relations purposes in respect of those members of salaried staff who are in membership of the Union. The Court further recommends that the parties should meet at an early date to conclude a framework agreement within which normal industrial relation matters can be processed.
Signed on behalf of the Labour Court
Kevin Duffy
18th September, 2003______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.