LCR15442

FULL RECOMMENDATION CD/96/587 RECOMMENDATIONNO.LCR15442 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : POTATO CUISINE LIMITED - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr McGrath Employer Member: Mr Brennan Worker Member: Mr Rorke

SUBJECT:
1. Union recognition.





BACKGROUND:

2. Potato Cuisine Limited is part of Largo Foods Exports Limited. It employs 37 workers at its location in Drogheda.

In August, 1996, the Union wrote to the Company informing it that a substantial number of its production workers had joined the Union and sought a meeting to initiate discussions on their behalf.

Management refused to meet the Union. It has an arrangement with SIPTU and under existing agreements SIPTU is the recognised Union in the Company.

The Union referred the matter to the Labour Court on 15th November, 1996 under 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 14th January, 1997.



UNION'S ARGUMENTS:

3. 1. The workers were not informed by management of any requirement to join a particular union when they were recruited by the Company.

2. There was no other union operating on site when the ATGWU approached the Company in August, 1996. It is the Union's understanding that to date only a few production workers have joined SIPTU.

3. The workers concerned approached the ATGWU and, after consideration joined that Union. The workers wish to remain members of the Union, as is their right under the Constitution. This Union has a policy of dealing honourably with companies in which it has membership.



COMPANY'S ARGUMENTS:

4. 1. On 28th July, 1995 the Managing Director of Largo Foods made an agreement with SIPTU that it would be the recognised Union at Potato Cuisine. Due to building delays and start-up difficulties the Company requested SIPTU to defer any agreement until September, 1996.

2. The Company is too small to accommodate two unions. Management is concerned at the problems which could arise if it had to negotiate with both Unions. It considers itself bound to recognise SIPTU on the basis of the situation at Largo Foods and the agreement of 28th July, 1995.





RECOMMENDATION:

The Court has considered all of the views of the parties as expressed in their oral and written submissions.

The Court considers that given the circumstances in the Company and the information available to the Court it is inappropriate to concede recognition at this time.

The Court recommends that in the first instance the Union seek to reconcile the position with the other union named and failing agreement that the Unions use the procedures available within the trade union movement to deal with such issues.



Signed on behalf of the Labour Court



Tom McGrath
29th January, 1997______________________
F.B./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.