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LCR22354

FULL RECOMMENDATION

CD/20/292

RECOMMENDATION NO. LCR22354


SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

PHILLIPS MEDISIZE SLIGO LTD

- AND -

SIPTU MEMBERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman:

Mr Foley

Employer Member:

Mr Marie

Worker Member:

Ms Tanham

SUBJECT:

1. A claim that the Company should Recognise SIPTU for the purposes of collective bargaining

BACKGROUND:

2. The Union referred this case to the Labour Court on 12 October 2020 in accordance with 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 12 January 2021.

UNION’S ARGUMENTS:

3. 1. The Union's members in Phillips Medisize are seeking union recognition for the purposes of collective bargaining and individual representation.

2. Their colleagues employed by the same employer in Donegal and Letterkenny are represented by a Trade Union and the members in Sligo are denied the same opportunity.

EMPLOYER'S ARGUMENTS:

4. 1. The Employer did not attend the hearing but wrote to the Court in advance.

2. The Employer has always engaged locally with staff and has addressed any issues through local discussion and will continue to engage directly with staff.

RECOMMENDATION :

This matter comes before the Court as a referral by the Trade Union under Section 20(1) of the Industrial Relations Act, 1969. The employer did not attend the hearing and the Court has not had the benefit of a submission from the employer albeit the employer did write to the Court confirming that it would not attend the hearing of the Court.

The Trade union has submitted that it represents over 50 employees of the company at General Operative level. The Trade Union asserted that the employer employed 120 staff at this level.

The Trade Union seeks to represent its members collectively and individually on issues related to their employment.

In all the circumstances of the matter as articulated by the Trade Union, the Court recommends that the claim of the Trade Union should be conceded.

The Court so recommends.

Signed on behalf of the Labour Court

Kevin Foley

OC

______________________

04 February 2021

Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Orla Collender, Court Secretary.