FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SERVIER (IRELAND) INDUSTRIES LTD - AND - 75 SIPTU MEMBERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Geraghty Employer Member: Mr Murphy Worker Member: Mr Hall |
1. Trade Union Recognition For Collective Bargaining Purposes And Individual Recognition
BACKGROUND:
2. Servier (Ireland) Industries Ltd informed the Workplace Relations Commission that they were not willing to engage in Conciliation. The Union referred a
collective issue complaint, on behalf of members, to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969.The Union are seeking Trade Union
recognition for individual member representation and for collective bargaining purposes
UNION'S ARGUMENTS:
SIPTU is regarded as a major stakeholder within the Pharmaceutical Chemical and Medical Devices Sector representing thousands of members on issues of pay and terms and conditions of employment.
In line with SI 146 of 2000, SIPTU is claiming the right to represent their members individually on all grievances and disciplinary matters, on the grounds that members require professional union representation. The Union is also seeking to represent its members on collective issues.
Servier's disciplinary policy, as stated in the disciplinary procedure, merely affords workers the right to a work colleague "witness".
COMPANY'S ARGUMENTS:
The Company did not attend the hearing.
RECOMMENDATION:
The Employer declined to attend the Court.
On the basis of the uncontested submission from the Union, the Court recommends that the Employer engage with the Union for collective bargaining purposes in respect of the Union’s members in the Company.
Furthermore, the Court heard from the Union that, while the Employer has stated a willingness to allow Union representation in respect of individual grievance and disciplinary matters, the Employer has stated that such representation will not be allowed. Therefore, for the sake of completeness, the Court recommends that the Employer put in place grievance and disciplinary processes which conform with the provisions of the Code on such procedures as set out in S.I. 146/2000 and, in particular, that the procedures conform both in writing and in practice with the provision in Para. 4.4 regarding the right to representation.
Signed on behalf of the Labour Court
Tom Geraghty
NJ______________________
12 March 2020Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary.