FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ENERCON WINDFARM SERVICES IRELAND LTD - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Union Recognition
BACKGROUND:
2. This dispute concerns a claim by the Union for recognition on behalf of its members in the Company. The Union referred this case to the Labour Court on 2nd November, 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 24th March, 2016. The Employer declined to attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The TEEU does not have a Collective Agreement regarding any aspect of the terms and conditions of employment or procedures within Enercon (the Company).
2. Despite many attempts being made to contact the Company, the Company declined to meet with the TEEU and stated that it is "not willing to engage with any third party including a trade union on matters concerning our employees".
3.The Company failed to attend a conciliation conference under the auspices of the Labour Relations Commission and this, the Union points out, is a clear breach of the enhanced Code of Practice on Voluntary Dispute Resolution and a denial of Fair Procedure and Natural Justice.
RECOMMENDATION:
The Court recommends that the Company should recognise the Union as the chosen representative of those employees who join the Union for all industrial relations purposes.
The Court further recommends that the parties should enter into negotiations with a view to concluding a collective agreement dealing with, amongst other things, the procedural arrangements within the normal industrial relations business will be conducted between them.
Signed on behalf of the Labour Court
Alan Haugh
4th April, 2016______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.