FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BALLINA BEVERAGES (REPRESENTED BY ARTHUR COX, SOLICITORS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle 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 referred the matter to the Labour Court on 5 June 2018 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 6 September 2018.
UNION’S ARGUMENTS:
3. 1. The membership of the Union wish to engage collectively with the Company on issues related to their employment
2. The members insist that the Company recognise SIPTU as their Trade Union for the purposes of collective bargaining.
EMPLOYER'S ARGUMENTS:
4. 1. The vast majority of the Company's employees have no desire to be a party to a collective bargaining process involving a Trade Union and their rights should be fully respected by the Union and the Labour Court.
2. The Labour Court has previously considered this case in 2015 and a Recommendation was issued. The Company's view is that this is essentially the same claim.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969. It concerns a dispute over trade union recognition at the Company.
In 2015 the Union submitted a claim to the Court where it sought to engage with the Company in relation to negotiating terms and conditions of employment on behalf of its members. The Court recommended in favour of the Union’s claim as outlined in Labour Court Recommendation LCR21079, issued on 13thNovember 2015.
The Court had considered the position of both parties and is of the view that as the Court has already made its Recommendation on this issue, it hereby reiterates that Recommendation as follows:-
- “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
Caroline Jenkinson
18 September 2018______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.