FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ELEMENT SIX - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Dispute Resolution Procedure
BACKGROUND:
2. This dispute concerns the dispute resolution procedure in the Company. The Union referred this case to the Labour Court on 5th February, 2015, 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 9th April, 2015.
UNION'S ARGUMENTS:
3. 1. The Workers signed up to a dispute resolution procedure.
2. The Company has failed to implement this dispute resolution procedure.
3.The Company refuses to engage with the Labour Relations Commission on this matter.
COMPANY'S ARGUMENTS:
4. 1. The Company is compliant with all employment law requirements concerning dispute resolution.
2. The Company complies with all internal dispute resolution mechanisms.
3. The Workers retain the option, having exhausted internal mechanisms, to refer a complaint to a third party.
RECOMMENDATION:
The matters before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concern the Union’s claims regarding pay increases, the Company’s introduction of a 24/7 shift system and seeking implementation of its agreed engagement, and dispute resolution procedures - this particular case concerns dispute resolution procedures. The Court notes that the dispute relates to a number of collective issues involving the totality of the Union members in the employment. The Court is of the view that it is inappropriate for these matters to be referred under Section 20(1) of the 1969 Act. In a recent Labour Court Recommendation No: 20881, involving the same parties, the Court recommended the following: -
- The nature and complexity of the issues now in dispute are such that they cannot be adequately or appropriately addressed in a referral under section 20(1) of the Act of 1969. That section was never intended to deal with major collective disputes of this nature in employments in which collective bargaining takes place. Such disputes should only be referred to the Court under section 26(1) of the Act of 1990 after the parties have engaged in conciliation at the Labour Relations Commission and at a point when the Labour Relations Commission is satisfied that no further effort on its part will advance the resolution of the dispute.
That approach is consistent with the Court’s role as the tribunal of last resort in industrial disputes. It also allows the Court to have the benefit of a report from the LRC on the efforts made to resolve the dispute and the extent to which the issues in dispute were refined in conciliation.
In that regard the Court notes that in a draft agreement put forward by the Company in 2011, provision is made for a normal dispute resolution procedure which involves the joint referral of issues in dispute to the LRC and, if necessary, for a joint referral to this Court. Step 5 in that draft provides: -- 'In the event of direct discussions between the parties not resolving the issue(s) they will be referred to the appropriate service of the Labour Relations Commission. Both sides commit to full cooperation with such referral and to participation at the appropriate third party forum without delay.
In the event that the matter(s) at issue are not resolved at the LRC and where the Labour Relations Commission is satisfied that further efforts to resolve the dispute are unlikely to be successful, the parties will agree to the issue(s) in dispute being referred to the Labour Court for investigation and recommendation'.
The Court notes that the draft procedural agreement was not adopted by the Union. Nevertheless, the Court recommends that the parties deal with the issues now before it in accordance with Step 5 of the draft agreement, quoted above.
Accordingly, the Court recommends that the parties return to conciliation and that a full and genuine effort be made to resolve the issues in dispute. If final agreement cannot be reached, in accordance with normal procedure, the parties should jointly request the LRC to refer outstanding issue to the Court under section 26(1) of the Industrial Relations Act 1990.” - 'In the event of direct discussions between the parties not resolving the issue(s) they will be referred to the appropriate service of the Labour Relations Commission. Both sides commit to full cooperation with such referral and to participation at the appropriate third party forum without delay.
The Court is of the view that the issues which are the subject of this dispute should similarly be progressed without delay in line with Step 5 of the 2011 Draft Agreement and recommends accordingly.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th April, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.