FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CF AUTOMOTIVE-IRALCO (REPRESENTED BY EMPOWER SOLUTIONS/BYRNE WALLACE SOLICITORS) - AND - UNITE THE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Various issues
BACKGROUND:
2. The Union's case relates to what it claims is the Company's refusal to comply with the Company/Union Agreement, a revised version of which dates from September, 2008. The case specifically refers to:
Selection criteria for lay-off
Selection criteria for redundancy
Enforced change to bonus scheme
The Union supplied details of efforts it made to discuss the situation with the Company in relation to the three issues but claims that it got very little response. The Company's case is that a "trade dispute" does not exist; no worker has raised any of the issues with the Company and that by the Union's own admission the issue relates to a "case" between the Union and the Company. There is, however, no dispute between the workers and the Company.
The Union referred its case to the Labour Court on the 7th February, 2011, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th June, 2011. The Union agreed to be bound by the Court's recommendation which is as follows:
RECOMMENDATION:
- The Court has carefully considered the submissions of both parties in this case.
The Court recommends that the parties engage locally to try to resolve the issues between them. In the event that they fail to make progress through direct discussion the Court recommends that they avail of the services of the LRC with a view to agreeing a mutually acceptable resolution to all matters in dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
28th September, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.