FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SUE RYDER FOUNDATION IRE LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Mr Hall |
1. Union Recognition
BACKGROUND:
2. This dispute concerns Trade Union recognition. The Union referred this case to the Labour Court on 17 October 2019 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 20 December 2019.
UNION’S ARGUMENTS:
3. 1. The Union is requesting the Employer to recognise SIPTU for the purpose of collective bargaining.
2. The Union wants the Company to engage in immediate discussions with SIPTU to conclude a framework agreement and address the substantive issues in dispute.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer wants to talk and resolve issues directly with staff.
2. The Employer maintains that it has developed it’s internal resources regarding communication with employees and is of the opinion that the necessity for a collective agreement does not exist.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes the following:
•The employer did engage with the Trade Union in March 2019 to address collective matters. That engagement appears to have been regarded as constructive by both parties.•The Trade Union claims that 12 of the 13 employees are members of the Union. The employer disputes this claim albeit it acknowledged before the Court that it did not know how many of its staff were members of the Trade Union.
The Court has heard the employer submit that it has a preference for direct engagement with its staff. The employer has also stated that it does not require a collective agreement with the Trade Union.
In all of the circumstances the Court recommends that the employer, building on the constructive engagement voluntarily embarked upon by the parties in March 2019, should recognise the Trade Union for the purposes of collective bargaining. The matter of whether a collective agreement is ever concluded is a separate matter for exploration by the parties should they consider it useful to do so.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
MK______________________
6 January 2020Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.