FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE RIU GRESHAM HOTEL - AND - SIPTU MEMBERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Pay Claim on Behalf of Collective Members of SIPTU
BACKGROUND:
2. On the 4 November 2019 the Union submitted a complaint under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 15 January 2020. The following is the Decision of the Court:
RECOMMENDATION:
The issue in dispute between the parties relates to a pay claim by SIPTU on behalf of its members in the employment. The referral to the Court was under s20(1) of the Industrial Relations Act 1969. The Employer was not in attendance. The Court is aware that the parties have a long history of collective bargaining which has endured over many years. The Court notes the history of the dispute and that the parties had originally engaged on this issue under the auspices of the conciliations services of the Workplace Relations Commission (WRC) which had resulted in a joint referral to the Labour Court. However, by letter dated 17thMay 2019 IBEC as the representative of the Employer indicated that upon reflection the Employer did not believe that negotiations were fully exhausted during the conciliation process. The Court understands that following the letter from IBEC, there were unsuccessful attempts to meet locally prior to the Union submitting the s20(1) claim.
In employments where collective bargaining exists the Court is always reluctant to issue recommendations that are only binding on one side. Therefore, in this case the Court recommends that the parties re-engage locally in direct discussions or with the assistance of the WRC if required, in relation to the Unions pay claim. This engagement to take place at the earliest possible opportunity. If at the end of February, there remain any unresolved issues relating to this claim the matter should be referred back to the Labour Court for a definitive Recommendation.
The Court so Recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
RK______________________
17/01/20Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Richard Kennedy, Court Secretary.