LCR15608

FULL RECOMMENDATION CD/97/253 RECOMMENDATIONNO.LCR15608 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NICHOLLS LIMITED - AND - MANDATE DIVISION : Chairman: Mr McGrath Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Union recognition.





BACKGROUND:

2. The claim for recognition is on behalf of 9 of 11 sales assistants in the Company's Henry Street branch. The Union approached the Company, unsuccessfully, concerning a range of issues and, subsequently, referred the matter to the Labour Court on the 20th of May, 1997, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Court carried out its investigation on the 21st of July, 1997. The Company declined to attend the Court hearing.



UNION'S ARGUMENTS:

3. 1. The Union has exhausted all possible avenues (with the exception of industrial action) in attempting to have the Company address a growing list of issues of concern to the staff in question. Management has repeatedly refused to adopt normal negotiating procedures.

2. The Company should accept that the Union has organised staff in the Henry Street store. By ignoring the Union, it is effectively ignoring the staff represented by the Union.





RECOMMENDATION:

The Court considered the views expressed by the Union in its oral and written submission.

The Company decided it would not be represented at the hearing.

In the light of the information supplied, the Court recommends that the Company recognises the Union on behalf of its members.



Signed on behalf of the Labour Court



Tom McGrath
25th of August, 1997______________________
M.K./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.