FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : QUINN CEMENT SUBSIDIARY OF QUINN BUILDING PRODUCTS LIMITED QUINN THERM SUBSIDIARY OF QUINN BUILDING PRODUCTS LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Various issues.
BACKGROUND:
2. This dispute concerns the Union's claim that the Company is refusing to recognise it for the purposes of collective bargaining. The Union referred this case to the Labour Court on 8th October, 2013, 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 6th December, 2013.
UNION'S ARGUMENTS:
3. 1. The Company refuses to allow the Union to represent the interests of the Workers.
2. The Company refuses to engage in any form of meaningful consultation with the Workers.
3.The Company's recognition of the Union would help to improve the current fraught industrial relations.
COMPANY'S ARGUMENTS:
4. 1. The Company is operating in very challenging market conditions.
2. The Company has, however, managed to maintain employment levels.
- 3. The Company operates a robust consultative process with the Workers.
RECOMMENDATION:
The Union on behalf of its members submitted a number of claims before the Court including a claim for recognition and negotiating rights with the Company. The Company submitted to the Court that it had a robust consultative process with its employees and rejected the Union’s claim for recognition.
Having considered the Union’s submission the Court is of the view that the Company should recognise the Union for the purpose of collective bargaining. The parties should meet at an early date for the purpose of agreeing a framework within which normal industrial relations matters can be co-operatively dealt with and the Company should enter discussions with the Union regarding the matters identified in its submission.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th December, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.