Labour Court Database
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File Number: CD93498
Case Number: LCR14234
Section / Act: S20(1)
Parties: R & J WILSON - WRIGHT - and - MANUFACTURING SCIENCE FINANCE
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Subject:
Union recognition.
Recommendation:
5. Having considered the submissions of the parties, the Court
recommends that the employer accepts the employee's right to join
the Union and furthermore that the Union be afforded the facility
of representing the employee in all matters concerning wages and
conditions of employment.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93498 RECOMMENDATION NO. LCR14234
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1)
INDUSTRIAL RELATIONS ACT, 1969
PARTIES: R & J WILSON - WRIGHT
(REPRESENTED BY A & L GOODBODY SOLICITORS)
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Union recognition.
BACKGROUND:
2. 1. The employer is involved in farming at locations in St.
Margarets, County Dublin and Naas, County Kildare. With the
commencement in April, 1993 of an open golf centre the
Employer's farming activities at St. Margarets ceased. All
the farm employees at St. Margarets are now engaged in golf
course maintenance
2. The worker concerned commenced employment with the
Employer in 1984, as a secretary/book-keeper. In June, 1993,
the Union requested a meeting with the Company to discuss the
terms and conditions of employment of the worker concerned.
The employer declined to meet the Union.
3. The Union referred the matter to the Labour Court on
25th August, 1993, under Section 20(1) of the Industrial
Relations Act, 1969, and agreed to be bound by the Court's
recommendation. The Court hearing took place on 11th October,
1993.
UNION'S ARGUMENTS:
3. 1. The Union requests the Court to make a recommendation
that, in the interests of good staff relations, the Union be
granted recognition to enable it to represent the worker
concerned in accordance with normal procedures.
EMPLOYER'S ARGUMENTS:
4. 1. It has always been the intention and practice of
management to act fairly towards all employees. To its
knowledge the terms and conditions, including salary, of all
employees is in line with the industry's norms and in regard
to the worker concerned, are believed to be more than
favourable.
2. The worker concerned is the sole office employee,
the intervention of any third party in relation to salary and
other terms and conditions of employment are unnecessary and
inappropriate.
3. The worker concerned is one employee of a total of 7
(not including seasonal/part-time employees). The other
employees have not expressed any interest to management in
having the representation of a trade union. The formal
recognition by the employer of the Union is unwarranted
RECOMMENDATION:
5. Having considered the submissions of the parties, the Court
recommends that the employer accepts the employee's right to join
the Union and furthermore that the Union be afforded the facility
of representing the employee in all matters concerning wages and
conditions of employment.
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Signed on behalf of the Labour Court
Kevin Heffernan
1st November, 1993. _________________________
F.B./U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Fran Brennan, Court Secretary.