FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MOUNT TABOR CARE CENTRE & NURSING HOME - AND - UNITE DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Union Recognition/Negotiating Rights
BACKGROUND:
2. The case concerns a claim by the union that the employer refuses to recognise Unite for collective negotiations on pay and conditions. On the 27 February, 2015, the Workers 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 re commendation.
A Labour Court hearing took place on the 16 April, 2015. The Employer did not attend the hearing.
UNION'S ARGUMENTS:
1. Workers in Mount Tabor Care Centre & Nursing Home have been unhappy with the lack of meaningful engagement afforded to them by their employer regarding terms and conditions issues. Because of this, twenty of the workers who are Health Care Assistants, joined Unite in the latter part of 2014. Those members subsequently elected two members into the role of Shop Stewards.
2. The Union wrote to management in December, 2014, regarding union recognition. While some correspondence followed, Mount Tabor have avoided all approaches from the Union.
RECOMMENDATION:
The Court recommends that the Mount Tabor Care Centre & Nursing Home recognise the UNITE the Union for collective bargaining and industrial relations purposes in respect of its members in the employment.
The parties should meet at an early date for the purpose of concluding a collective agreement governing procedural and other matters relating to the implementation of this recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
1 May 2015______________________
HTDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.