FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SEVERN TRENT RESPONSE - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Recognition/Collective Agreement.
BACKGROUND:
2. This dispute concerns a claim for trade union recognition rights for collective bargaining purposes. The Union referred this case to the Labour Court on 5th November, 2014, 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 5th March, 2015.
UNION'S ARGUMENTS:
3. 1. The Workers have not received a pay increase since 2007.
2. The Union believes that its members have been denied the opportunity to be represented and that the company are being unreasonable in continuously declining to meet and engage in collective bargaining with their chosen representative body.
3.The Union is seeking to secure a pay increase of 5% for its members (Limerick and Letterkenny).
COMPANY'S ARGUMENTS:
4. 1. The Company does not and will not recognise the Union as the appropriate representative with whom to engage with regarding the terms and conditions of employment of its employees.
2. The Company will continue to pay its employees in accordance with the terms and conditions of employment pursuant to their individual contracts of employment.
- 3. All staff are paid in line with or over and above the national average.
RECOMMENDATION:
The dispute referred to the Court by the Union under Section 20(1) of the Industrial Relations Act 1969 concerns a claim for trade union recognition rights for collective bargaining purposes on behalf of its members employed by the Company at its Limerick plant. The Union outlined details of a number of claims which it stated the Company was refusing to engage in discussions on.
The Company stated that it does not and will not recognise the Union as the appropriate representative with whom to engage regarding the terms and conditions of employment of its employees.
Having considered the position of both parties, 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, and should engage with the Union regarding the matters identified by it in the claim before the Court.
Signed on behalf of the Labour Court
Caroline Jenkinson
CO'R______________________
1st April, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.