FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BALLINA BEVERAGES REPRESENTED BY ARTHUR COX SOLICITORS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Union Recognition
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to Union recognition. The Union is seeking to engage with the Company in relation to negotiating terms and conditions of employment on behalf of its members. The Company rejects the Union's claim. The Union referred the matter to the Labour Court on 17th July 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 30th October 2015.
UNION'S ARGUMENT:
3 1 There is a significant number of Union members employed by the Company. The Union is seeking that Management engage for the purpose of collectively negotiating terms and conditions of employment for its members.
COMPANY'S ARGUMENT:
4 1 It is not accepted that the Union is sufficiently representative of the workforce. The Union has a minority of staff in its membership and in those circumstances Management does not consider it appropriate to enter into collective negotiations with the Union.
RECOMMENDATION:
The Court recommends that the company should recognise the Union as the representative of those employees who are in membership of the Union and should engage with it in dealing with employment related matters arising within the employment affecting those members.
Signed on behalf of the Labour Court
Kevin Duffy
13th November 2015______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.