FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HP CDS (IRELAND) LIMITED - AND - HP CDS STAFF (REPRESENTED BY IRISH BANK OFFICIALS' ASSOCIATION-THE FINANCE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Recognition of IBOA-The Finance Union for collective bargaining purposes for the transferred staff.
BACKGROUND:
2. The case concerns the refusal of HP CDS to recognise IBOA-The Finance Union for collective bargaining purposes for thirteen staff that transferred over from Hewlett-Packard. These staff face a significant financial loss as a result of the transfer which took place on 1st March, 2010 given the fact that the terms and conditions of employment were in the opinion of the Union, diluted.
On the 11th March, 2010, 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 9th April, 2010.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. All staff who transferred from Hewlett-Packard are members of the Union and during the consultation period the Company was made fully aware that the staff needed and requested Union representation.
2. IBOA-The Finance Union holds full bargaining status for other staff within the Hewlett-Packard Group.
COMPANY'S ARGUMENTS:
1. After careful consideration the Company has decided not to recognise the Union.
2. The Company communicates directly with its staff and is confident that this policy is effective and provides the necessary supports for the staff.
RECOMMENDATION:
The employer chose not to attend the hearing but did set out its position by letter which the Court took into account when making its Recommendation in this case.
The Court having carefully considered the evidence before it recommends that the Company recognise the Union for collective bargaining purposes on behalf of its members employed in HP CDS (Ireland) Ltd. The Court further recommends that the Company and Union meet to agree a framework for the orderly management of such collective bargaining including provisions for the resolution of disputes between the parties.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
12th May, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.