FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ADVANCED ENVIRONMENTAL SOLUTIONS (IRELAND) LIMITED (AES)/BORD NA MONA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Claim for recognition for collective bargaining purposes.
BACKGROUND:
2. The Company was established in 1996 and began trading under the name AES in 2001. It is part of the Bord na Mona Resource Recovery Division, it employs approximately 340 workers and is involved in waste management. The claim is on behalf of 140 workers and is for the Union to be recognised for collective bargaining purposes. The claim was first made in March, 2008, when the Union sought to represent workers on issues such as pay rates, subsistence, sick pay and pensions. The Company is prepared to recognise the Union but only for representing individuals.
The Union referred the case to the Labour Court on the 22nd April, 2010, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 2nd July, 2010.
UNION'S ARGUMENTS:
3. 1. The Union has successfully and constructively worked with Bord na Mona for decades in representing its members for the purpose of collective bargaining. There is no reason why members of AES should be treated differently.
COMPANY'S ARGUMENTS:
4. 1. The Company has not refused to discuss various matters with the Union but it does not wish to engage in collective bargaining and it formally outlined its position to the Union by letter in April, 2009. The Company is happy for the Union to represent individuals in relation to certain matters.
RECOMMENDATION:
The Court recommends that the Company should recognise SIPTU for all industrial relations purposes including collective bargaining on the terms and conditions of employment of its members.
The parties should meet at an early date for the purpose of concluding a procedural agreement for that purpose.
Signed on behalf of the Labour Court
Kevin Duffy
9th July, 2010.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.