FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : A.B.P.LTD (REPRESENTED BY PURDY FITZGERALD, SOLICITORS) - AND - GROUP OF WORKERS (REPRESENTED BY UNITE) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Union recognition sought by group of Workers
BACKGROUND:
2. The case concerns a claim by a group of Workers that their Employer has refused to recognise their Trade Union for the purposes of collective bargaining on hours, holidays and pay
The employer's position is that it is unaware of the number of Employees, if any, who are members of the Trade Union and that at most only thirty of the four hundred and fifty Employees may be members.
On the 19thDecember, 2011, the group of Workers referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 2ndOctober, 2012.
WORKER'S ARGUMENTS:
3. 1. A large number of Workers signed a petition supporting the recognition of the Trade Union on the site for collective bargaining in June 2011.
2. A significant number remain in membership of the Union.
3. The Employer has recognised the Union for individual disputes before.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer has no record of the signed petition in June 2011.
2. In light of the low proportion of employees who are members, the Employer should not be compelled into Trade Union recognition.
3. The Employer has an "open-door" policy and there is no need for Trade Union recognition
RECOMMENDATION:
The Court recommends that the Company recognise UNITE for collective bargaining purposes in respect of those employees, in the categories concerned, that are in membership of the Union.
The Court further recommends that the Company and Union meet to agree a comprehensive agreement governing the conduct of relations between the parties.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
16th October 2012Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.