FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GSK DUNGARVAN - AND - UNITE THE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Trade union recognition.
BACKGROUND:
2. The case concerns a claim by Unite the Union for trade union recognition on behalf of its members in the Over-the-Counter Laboratory and Stores areas of GSK. The Employer said it plans to continue its direct working relationship with the Engineering Stores and Laboratory employees.On the 24th August 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 20th March 2015.
UNION'S ARGUMENTS:
3. 1. The Union fails to see any distinction between the Laboratory and Engineering Stores areas in the Oral Care site where there have been long established recognition agreements.
2. Of the 46 staff within the Over-the-Counter Laboratory, the Union has 26 members.
EMPLOYER'S ARGUMENTS:
4. 1. The combined site has 824 employees in total. Approximately 70% of employees are in collectively represented unionised roles with the remaining 30% in staff positions.
2. Traditionally the QC Laboratory group on the oral care site was part of the unionised group, however, the rationale behind this is grounded in history. The role was then viewed as part of the non-professional group of employees at that time. This has changed and the staff are amongst the salaried population of professionals.
RECOMMENDATION:
The Court recommends that the Company recognise the Union for collective bargaining and industrial relations purposes in respect of its members identified in the submissions.
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 between the parties.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
27th March, 2015.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.