FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DAWN MEATS IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Union recognition.
BACKGROUND:
2. This case concerns a claim by the Union for recognition on behalf of its members in the Company. The Company believes the claim to be wrongly pursued and without merit. On the 15th January 2014 the Union 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 14th May 2014.
UNIONS ARGUMENTS:
3. 1. On the 22ndAugust 2013 the Union wrote to the Company on behalf of its members to progress issues they had concerns with. No response was received.
2. The Union followed this up with a letter to the HR Director on 6thSeptember 2013 and when no response was received they sought the assistance of the Labour Relations Commission (LRC).
3. The LRC informed the Union that the employer was not willing to attend at conciliation.
EMPLOYER'S ARGUMENTS:
4. 1. The Company operates a Workers Representative Council.
2. There have been no indications from the employees that there are issues to be addressed or that can’t be addressed through the Workers Representative Council.
3. The Company acknowledges each employee’s right to join a trade union of their choice, but submits that the Company, by the same token cannot be compelled to negotiate with a trade union.
RECOMMENDATION:
The Court recommends that the Company should recognise the Union as the chosen representative of those employees who join the Union for all industrial relations purposes.
The Court further recommends that the parties should enter into negotiations with a view to concluding a collective agreement dealing with, amongst other things, the procedural arrangements within which normal industrial relations business will be conducted between them.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
5th June, 2014.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.