FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : STELLA MARIS NURSING HOME - AND - COLLECTIVE GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Union Recognition
BACKGROUND:
2. This case concerns a dispute between Management and the Union in relation to Union recognition. The matter was referred to the Labour Court on 6th May 2015 in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's Recommendation. Management rejects the Union's claim. A Labour Court hearing took place on 23rd September 2015.
UNION'S ARGUMENT:
3 1 The Union has a significant number of members in the employment of the organisation. It is seeking to enter into a system of collective bargaining with the employer in relation to negotiating improvements to terms and conditions of employment for its members.
COMPANY'S ARGUMENT:
4 1 The employer does not wish to enter into a system of collective bargaining with the Union. All workers are satisfied with their terms and conditions of employment that apply to their positions in the organisation and are treated exceptionally well. Any employment related issues that arise will be dealt with on an individual basis.
RECOMMENDATION:
Having given careful consideration to the submissions of both parties to this dispute the Court recommends that the Management should recognise the Union for collective bargaining purposes on behalf of its members employed in the Company.
The Court further recommends that the parties should meet at an early date with a view to agreeing a framework agreement for the conduct of collective bargaining within the Company.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
14th October 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.