FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : ELLEN CONSTRUCTION LIMITED (REPRESENTED BY BCM HANBY WALLACE) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Electrical Contracting Industry Registered Employment Agreement
BACKGROUND:
2. A Labour Court hearing took place on the 24th June, 2008, in Wexford. The following is the Court's decision:
DECISION:
This is a complaint by the Technical Engineering and Electrical Union ("the Union") alleging a breach of the Electrical Contracting Industry Registered Employment Agreement (“REA”), made pursuant to Section 32 of the Industrial Relations Act 1946, as amended.
This Section provides that a complaint alleging a breach of a Registered Employment Agreement may be made by the Trade Union which is party to the agreement.
It is alleged that Ellen Construction Limited ("the Respondent") breached the REA. In substance, the Union's complaint is that its officials were refused access to the construction site at Island Way, East Wall Road, Dublin 3, on two occasions by the Employer, contrary to Clause 8 of the Agreement. The Union stated that its purpose in gaining access was to assess compliance of a named subcontracting electrical company which was engaged on the site.
Clause 8 states:
- “Union delegates with written authority from the union shall be entitled to visit jobs and shops during working hours”.
Counsel, Mr. Tom Mallon B.L. on behalf of the Respondent, stated that it was not an employer covered by the terms of the REA, the company carries out construction work and does not do any electrical work itself, rather it engages sub-contractors and, furthermore, it does not employ electricians.
While the Union accepted that the Respondent was not an employer classified by the REA, it held that by virtue of having an electrical contractor on its site it was governed by the terms of the Agreement and, accordingly, was obliged to comply with its obligations topermit access on site to the Union’s authorised officials.
The Court is of the view that where the primary contractor, electrical or otherwise, takes on a sub-contractor covered by the REA, then it is bound under the terms of the REA where it requires them to do something or permit something to be done. In this instance what is required is to allow access on site to the authorised Trade Union officials. Therefore, the Respondent in this case is an employer for the purposes of the REA once they engage an electrical sub-contractor on site.
Having heard the submissions of the complainant, the Court is satisfied that the Respondent is an employer to whom the REA relates and that the complaint is well-founded.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd September, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.