FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNBIA (SLANE) - AND - UNITE DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Trade Union Recognition for Collective Bargaining Purposes
BACKGROUND:
2. The case before the Court concerns a claim by the Union on behalf of its members in relation to recognition for collective bargaining purposes. The Dunbia Group currently operates from two sites; with one site located in Kilbeggan and the second located in Slane. The Employer contends that it recognises SIPTU for collective bargaining purposes within its Kilbeggan site and further contends that there are ongoing negotiations with SIPTU for the purpose of entering into an agreement whereby SIPTU would be recognised within the Slane site for the purpose of collective bargaining. The Employer also outlines its future plans for both sites to merge and maintains that the current relationship with SIPTU will extend to all employees once the merger has taken place. The Union dispute this and are seeking immediate recognition for its members for collective bargaining purposes within the Slane site. Agreement could not be reached at local level.
On the 23rd July 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 20th January, 2011.
The Employer's representative advised the Court by letter that they would not attend the Hearing but did enclose their written submission outliningtheir position on the matter in hand. The Union agreed to be bound by the recommendation of the Court.
UNION'S ARGUMENTS:
3. 1. There is no justification for the Employer's refusal to recognise the Union at its Slane site.
2. The Slane site is currently the only location within Ireland where Union recognition does not exist.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer contends that there are internal mechanisms and procedures in place to deal with its employees directly and does not seek Union intervention into this practice.
2. The Employer has outlined its intentions to extend its relationship with SIPTU to all employees once the plans for a proposed merger have been put in place.
RECOMMENDATION:
The Court recommends that the Company recognise the Union for collective bargaining and industrial relations purposes in respect of its members in the employment.
The parties should meet at an early date for the purpose of concluding a collective agreements governing procedural and other matters relating to the implementation of this recommendation.
Should any inter union issues arise with any other trade union, now or in the future, in respect to negotiating rights in the employment, the procedures of the ICTU should be utilised to such issues.
Signed on behalf of the Labour Court
Kevin Duffy
20th January 2011______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.