Labour Court Database
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File Number: CD9275
Case Number: LCR13574
Section / Act: S20(1)
Parties: FEDERAL EXPRESS - and - MARINE PORT AND GENERAL WORKERS UNION
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Subject:
Claim for Union recognition.
Recommendation:
5. The Court notes that the Company did not attend the hearing
but furnished a letter setting out their views.
Having considered the submissions the Court recommends that the
Company recognise the Union for those employees it has in
membership.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9275 RECOMMENDATION NO. LCR13574
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 20(1) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: FEDERAL EXPRESS
and
MARINE PORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim for Union recognition.
BACKGROUND:
2. The workers concerned with the dispute are solely employed
on the servicing of a particular contract. They joined the
Union in early 1990. The Company was advised of this by letter
dated 19th April, 1990. Since then the Company has refused to
meet with the Union in order to negotiate terms and conditions
of employment for the workers concerned.
On the 9th January, 1992 a claim for union recognition was
referred to the Labour Court under Section 20(1) of the
Industrial Relations Act, 1969. A Labour Court hearing took
place on Friday 21st January, 1992. Prior to the hearing the
Union agreed to be bound by the recommendation of the Court.
The Company did not attend the hearing but set out its case in
a letter which it furnished to the Court.
UNION'S ARGUMENTS:
3. 1. The Company has consistently refused to meet or
recognise the Union as a representative of the workers.
The Union has a right under the Constitution to represent
its members. This right has been denied. In November,
1991 two members were dismissed and despite a request by
the Union the Company refused to discuss the issue.
2. The Union has a good public record which recognises
its policy of dealing honourably with all Companies in
which it has an organised membership.
COMPANY'S ARGUMENTS:
4. The contract on which the workers concerned are employed is
currently being renegotiated. If the Company secures the
contract it will look favourably on the claim for union
recognition. If it fails the contract will no longer be
operational and the issue of union recognition will no
longer arise.
RECOMMENDATION:
5. The Court notes that the Company did not attend the hearing
but furnished a letter setting out their views.
Having considered the submissions the Court recommends that the
Company recognise the Union for those employees it has in
membership.
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Signed on behalf of the Labour Court
Evelyn Owens
_______________________
28th February, 1992
A.Ni.S./N.Ni.M. Deputy Chairman