FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : STERIS AST (SYNERGY HEALTH IRELAND LTD) (REPRESENTED BY IBEC) - AND - STERIS AST SIPTU MEMBERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Union Recognition For Collective Barganing
BACKGROUND:
2. The case concerns Trade Union recognition.
The Union's claim is for formal union recognition on behalf of the process operators employed by the Company in the Beam and Ethylene Oxide areas of the Tullamore site. The Company recognises the Union for negotiation purposes at the Westport site and has a Collective Agreement approved by the Labour Court under section 24 of the Organisation of Working Time Act 1997.
- The Union wrote to the Company on 13 October 2017 seeking a meeting with the Company to formalise trade union recognition. On the 9 November 2017 the Company replied declining the request.
On the 30 November 2017, the Union referred the matter to the Workplace Relations Commission. The Company declined the invitation.
On the 27 April 2018, the Union on behalf of 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 Recommendation.
- By letter dated 21 May 2018, Ibec on behalf of the Employer informed the Court that it was not attending the hearing.
3. 1. The Tullamore and Westport sites are owned by the same Company.
2. The Company negotiates through a collective bargaining process with SIPTU on their Westport site.
3. The Union’s membership on the Tullamore site is greater than the Union’s membership on the Westport site.
RECOMMENDATION:
The Court was informed by IBEC as the Representative of the Employer that the Employer would not be attending the Labour Court hearing. The Court recommends that the Employer 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
Louise O'Donnell
CR______________________
01 June, 2018Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.