FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SCREEN PRODUCERS IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Implementation of a clause of a local agreement.
BACKGROUND:
2. This dispute concerns the implementation of a clause of a local agreement. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 1st November, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th January, 2014. The following is the Labour Court's Recommendation:
RECOMMENDATION:
The Court notes that the provision of the agreement now in dispute was freely negotiated between the parties and was subsequently ratified following full consideration of its terms. It is a generally accepted principle of good industrial relations practice that parties abide by the terms of collective agreements to which they become party for their duration or until they are voluntarily renegotiated.
Nevertheless, it is also clear that problems have emerged in the implementation of the disputed clause. These difficulties must, in the Court’s opinion, be addressed jointly by the parties. In particular, the parties should agree that the clause will be implemented by application of the following principles: -
- 1. The Companies should furnish all employees, at the commencement of their employment, with either a full copy or an abridged version of the agreement2. In conjunction with 1 above, the Companies should facilitate the union in recruiting employees into membership by distributing union literature3. The Companies should facilitate the union by providing it with facilities to convene meetings on sites and address employees for the purpose of promoting union membership4. The Companies will not in any way discourage employees for joining the union5. The Companies will not employ workers as production crew other than on the rates of pay and conditions of employment prescribed by the agreement6. The Union should amend its application form to facilitate ease of access of those who wish to join the Union.
Signed on behalf of the Labour Court
Kevin Duffy
8th January, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.