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LCR22230

FULL RECOMMENDATION
CD/19/407
RECOMMENDATION NO. LCR22230

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
MERCK MILLIPORE LIMITED

- AND -

SIPTU AND CONNECT MEMBERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AND
CONNECT TRADE UNION)


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Ms Connolly
Worker Member: Ms Treacy
SUBJECT:
1. Individual And Collective Union Representation


BACKGROUND:

2. This dispute could not be resolved at local level and was referred to the Workplace Relations Commission. The Employer did not participate in the WRC process and the dispute was referred to the Labour Court on 19 December 2019 in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 19 June 2020 in a virtual Court room.

UNION’S ARGUMENTS:

3. 1. The Union is seeking individual representation rights for the members of both SIPTU and CONNECT Trade Union.

2. The Union is seeking collective representation rights for the members of both SIPTU and CONNECT Trade Union.


RECOMMENDATION :

This matter comes before the Court as a referral by Connect Trade Union and SIPTU under Section 20(1) of the Industrial Relations Act, 1969. The employer advised the Court that it would not be in attendance at the hearing.

The Unions submitted that they represent members in the employment and contend that the method of employer/employee engagement currently in place in the company is inappropriate to deal with the issues in dispute.

The Court, on the uncontested facts of the submission as presented by the Unions, recommends that the company should recognise the Unions as the representative of those employees who are in membership of Connect Trade Union and of SIPTU and should engage with them in dealing with employment related matters arising within the employment affecting those members.

The Court so Recommends.




Signed on behalf of the Labour Court



Caroline Jenkinson
HM ______________________
01.07.20 Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Heather Murray, Court Secretary.