FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FUJITSU SIEMENS COMPUTERS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION (TEEU) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Union recognition.
BACKGROUND:
2. The Union's claim is for formal union recognition on behalf of the Service Engineers employed by the Company. The Company employs 66 of the Engineers, a substantial number of whom are members of the Union. The Union wrote to the Company in May, 2007, seeking a review of the Engineers' terms and conditions of employment (three issues). The Company replied that it did not recognise the Union for collective bargaining purposes. The Union then referred the three issues to the Advisory Service of the Labour Relations Commission. In the meantime the Union referred the case for Union recognition to the Labour Court on the 15th January, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 10th April, 2008. The Company did not attend the hearing but in a written submission to the Court stated that it has always dealt directly with the Service Engineers and would continue to do so. It claims that the Service Engineers have very generous terms and conditions of employment. The following is the Court's recommendation:
RECOMMENDATION:
The Court notes that the employer declined to attend the hearing but did forward a written submission. That submission, together with the written and oral submissions of the Union has been fully evaluated by the Court.
The Court recommends that the Company should recognise the Union for the purpose of collective bargaining. The parties should meet at an early date for the purpose of agreeing a framework within which normal industrial relations matters can be cooperatively dealt with.
Signed on behalf of the Labour Court
Kevin Duffy
21st April, 2008.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.