LCR15472

FULL RECOMMENDATION CD/96/481 RECOMMENDATIONNO.LCR15472 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FINLAYS OF ARDEE LIMITED (REPRESENTED BY ROBERT T. KIERAN SOLICITOR) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Brennan Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Union recognition.


BACKGROUND:

2. The Company operates from Ardee, Co. Louth and employs approximately fourteen (14) people in the manufacture of caskets/coffins for the home and export market.

The Union is in dispute with the Company over Union recognition and negotiating rights on behalf of its members in the manufacturing area of the Company.

The Company refused to meet with the Union to try and resolve the dispute and also refused the services of the Conciliation Service of the Labour Relations Commission. However, at the Court hearing the Company indicated that it would be prepared to recognise the Union if it could be shown that a majority of the workers were in favour of a Union.

The Union referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 21st February, 1997.


UNION'S ARGUMENTS:

3. 1. All employees have the right to be represented by a Trade Union.

2. The Company has refused to utilise the services of the Labour Relations Commission.

3. Some workers are concerned at the heavy handed management style and feel their grievances are not been properly dealt with by management.




COMPANY'S ARGUMENTS:

4. 1. The Company is prepared to recognise the Union if it can be shown that a majority of the workforce wants to join a union.

2. The Union's claim for recognition only applies to employees in the manufacturing area.



RECOMMENDATION:

The Company agreed at the Hearing to recognise the Union if it could show that it had the majority of employees in membership.

The Union made it clear it could and would be able to show this was the case.

It was agreed therefore that on production of this information the Company would recognise the Union.



Signed on behalf of the Labour Court



Finbarr Flood
3rd March, 1997______________________
L.W./S.G.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.