FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FLS AEROSPACE - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Continued recognition for TEEU members in executive grades
BACKGROUND:
2. TEAM Aer Lingus was previously owned by Aer Lingus and sold to FLS Aerospace. All industrial relations agreements remained in place. The dispute before the Court concerns a claim for the continued right of TEEU to represent employees in quality assurance and training departments, which are Executive Grades in the Company.
- The Company rejects the claim on the basis that Executive Grades are represented under an established recognition arrangement with SIPTU, IMPACT and IEI in relation to all employees in the Executive Grades and any dilution of that would be in breach of the arrangement.
On the 24th of October, 2003, the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 14th January, 2004.
The Union agreed to be bound by the Court's recommendation.
3. 1. The Union has represented workers in the quality assurance and training departments down through the years.
2.The Union is seeking recognition for TEEU's right to represent employees in the Executive Grades within the Company.
3. SIPTU, IMPACT and the Irish Congress of Trade Unions have no difficulty with TEEU representing it's members.
COMPANY'S ARGUMENTS:
4. 1. The Company has an established practice of dealing with SIPTU, IMPACT and IEI Unions for the purposes of negotiating with Executive Grades and is of the opinion that this is sufficient representation for the employees.
2. Concession of the Union claim could cause inter-union difficulties and would be unworkable and would dilute the purpose of having an established negotiating arrangement for the Executive grades.
3. Further increases in the number of Trade Union groups within the Company would not contribute to a stable industrial relations environment.
RECOMMENDATION:
The Court is of the view that the concerns expressed by Management concerning the affects of fragmented Trade Union structures can be addressed by a clear inter Union arrangement which could accommodate TEEU participation in the executive negotiation unit.
The Court recommends that this issue should now be referred back to ICTU and that they be requested to set out in detail the terms on which TEEU could become part of the negotiation unit in question. This information should be conveyed to the Company and they should accept the decision of Congress in the matter.
Signed on behalf of the Labour Court
Kevin Duffy
26th January, 2004______________________
JO'CChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jo O'Connor, Court Secretary.