FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DONNYCARNEY BEAUMONT DISTRICT CREDIT UNION LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Trade Union Recognition for Collective Bargaining purposes
BACKGROUND:
2. This case concerns a dispute between the Donnycarney Beaumont Credit Union and SIPTU in relation to the Union's claim to engage in collective bargaining on behalf of its members. The Union referred the matter to the Labour Court on 21st August, 2009 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
Management declined an invitation to attend the Labour Court but outlined its position in a letter to the Court. It claimed it deals internally with all matters relating to terms and conditions of employment and is not prepared to negotiate with the Trade Union on such matters.
A Labour Court hearing took place on 11th February, 2010.
UNION'S ARGUMENTS:
3 1 The Union (on behalf of the workers) is seeking to establish a positive working relationship with Management for the purposes of negotiating terms and conditions of employment. The workers are entitled to be represented in industrial relations matters and to have negotiations conducted on their behalf.
2 The Company is represented by an Employer organisation (IBEC) and it is unnacceptable that, while it seeks professional advice in its dealings, that it denies its workers the same rights.
RECOMMENDATION:
The Court recommends that the Company recognise the Union for the purpose of dealing with any industrial relations matters arising in the future through collective bargaining. The parties should initially have discussions with a view to putting in place a general framework within which the rights and obligations of the parties with respect to industrial relations matters, and the parameters of future negotiations, would be defined.
Signed on behalf of the Labour Court
Brendan Hayes
4th March 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.