LCR15482

FULL RECOMMENDATION CD/97/51 RECOMMENDATIONNO.LCR15482 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : O'REILLY TRANSPORT LIMITED - AND - MARINE, PORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Walsh

SUBJECT:
1. Union recognition.


BACKGROUND:

2. The Union is in dispute with the Company over union recognition and negotiating rights for its members. The Company employs approximately 18 people at its premises in Promenade Road, East Wall, Dublin 3.

The Union claims that it has written to the Company on several occasions requesting a meeting to discuss issues affecting its members. However, the Company has ignored all requests for a meeting.

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 10th March, 1997. The Company did not attend the Court hearing.


UNION'S ARGUMENTS:

3. 1. The Company has failed to respond to correspondence in relation to the dismissal of two Union members.

2. All overtime is paid at flat time. There is no established holiday, sick pay or pension agreements. No protective clothing/footwear is provided.

3. Drivers can be asked to work long hours (i.e. 4 a.m. to 9 p.m.). These hours are in breach of both National and European Transport Regulations.




4. The Union requests the Court to grant it full negotiating rights on behalf of its members.



RECOMMENDATION:

The Employer did not attend the hearing. The Court having considered the submission of the Union recommends that the Company recognise the Union's right to negotiate on behalf of the Employees in its membership.



Signed on behalf of the Labour Court



Finbarr Flood
20th March, 1997______________________
L.W./S.G.Deputy Chairman



NOTE

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