FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DELPHI PACKARD ELECTRIC IRELAND LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Alleged refusal of Company to provide the Unions with financial and strategic information.
BACKGROUND:
2. On 29th April, 1996 the Company announced its decision to close the plant by the end of July, 1996, stating that it was operating in a loss-making situation and was unable to operate competitively in the international market. The Unions subsequently requested information regarding the financial and strategic reasons for the plant's closure. Management stated that the plant was uncompetitive and that the decision to close was final and irreversible.
The Company refused to attend the Labour Relations Commission for conciliation. The Union referred the dispute to the Labour Court on 27th May, 1996 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 29th May, 1996.
UNIONS' ARGUMENTS:
3. 1. The Company's refusal to provide the information requested breaches Sections 9 and 10 of the Protection of Employment Act of 1977. The Act specifies that "all relevant information" should be supplied to the employees' representatives. The Company should disclose the financial position, cost comparisons, strategic rationale and the alternatives considered which influenced the decision to close the plant.
2. The Company gave detailed information to the Department of Enterprise and Employment on a confidential basis. The Unions' proposal that a Union committee member and a financial accountant be privy to the same information, on a strictly confidential basis, is a fair and reasonable suggestion.
COMPANY'S ARGUMENTS:
4. 1. The Company has always communicated directly with the staff, who have been aware for some time of the difficulties faced by the Company and which eventually led to the closure of the plant.
2. The financial analysis carried out relates to suppliers' and customers', in addition to the Company's, financial positions. It is, therefore, both impractical and unfeasible to release this sensitive and confidential information into the public domain.
RECOMMENDATION:
Having considered the submissions from the parties, and noting the contents of correspondence dated 24th May, 1996 from Delphi Automotive Systems which was submitted by the Union in evidence, the Court recommends that the Company give the Union, on the same basis, the information which has already been given to Government officials.
Signed on behalf of the Labour Court
Evelyn Owens
6th June, 1996______________________
D.G./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.