Labour Court Database
File Number: CD92621
Case Number: LCR13891
Section / Act: S20(1)
Parties: CULCITA LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Dispute concerning a bonus scheme.
5. Having considered the submissions made by the parties and in
the absence of direct representation by the Company, the Court is
satisfied that the Union had the workers concerned in membership
prior to the agreement with the other Union involved.
The Court therefore recommends that the Employer recognise this
Union in respect of those workers whom it has in membership on all
relevant aspects of wages and conditions.
Division: Mr O'Connell Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92621 RECOMMENDATION NO. LCR13891
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CULCITA LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
1. Dispute concerning a bonus scheme.
2. 1. The Company employs 47 workers. The remainder are members
of the G.M.B. (former Tailor and Garment Workers' Union).
2. The Union took 10 workers into its membership in May,
1992. On 15th May, the workers were informed that their
fixed term contracts would be ended by the Company. A ballot
for industrial action took place and as a result a meeting was
arranged for 28th May between the Union and the Company.
3. The meeting was held away from the Company's premises and
while it was ongoing, the remainder of the workforce were
introduced to the G.M.B. Union, with which the Company had
reached an agreement on pay and conditions. The agreement
conceded the pay rates and conditions which S.I.P.T.U. had
sought from the Company (details supplied). In addition there
would be a change in the bonus scheme which S.I.P.T.U. claimed
was a mechanism to claw back part of the wage increases.
4. The Union sought to discuss the bonus scheme with the
Company. The Company refused to negotiate with the Union as
it had a comprehensive agreement with the G.M.B. Union. The
Company refused to join in a referral of the claim to the
Labour Relations Commission. The Union by letter dated 5th
October, 1992 referred the dispute to the Labour Court under
Section 20(1) of the Industrial Relations Act, 1969.