FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AIR LIQUIDE HEALTHCARE IRELAND - AND - UNITE THE UNION DIVISION : Chairman: Mr Haugh Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Union Recognition.
BACKGROUND:
2. On 26 June 2017 The Union referred a complaint to the Court under 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 14 February 2018.
UNION'S ARGUMENTS:
- The Workers in question are exercising what they believe to be their basic right to have representation of their choice regarding all matters relating to their terms and conditions of employment.
- Unite the Union has full recognition and collective bargaining agreements with Air Liquide UK.
- Unite the Union represents workers in all sectors in Ireland including the HSE which is a major client of the Company.
- The principle of direct negotiation with each member of staff is a constant in due to the specific nature of the business.
- The Company regularly engages with Employees through Employee Forums which have seen outcomes such as; increased safety measures at office/depot locations, enhancement of medical insurance and new uniform designs.
- Employees are afforded the opportunity to have a colleague or trade union representative present at any time throughout a disciplinary or grievance procedure.
RECOMMENDATION:
Background to the Dispute
The Union represents a number of the Company’s workers in both technical and administrative roles. On a number of occasions since early 2016, an official of the Union has been permitted by the Company to accompany individual members who were pursuing grievances. Nevertheless, the company has continued to refuse to engage on a collective basis with the Union.
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 which normal industrial relations business will be conducted between them. Prior to so doing, the Court recommends that the Parties should engage with the Advisory Service of the Workplace Relations Commission.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
JD______________________
21 February 2018Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.