INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
FURLONG CARPETS LTD
- AND -
MARINE PORT AND GENERAL WORKERS' UNION (MPGWU)
1. Union recognition.
2. The dispute before the Court concerns union recognition.
The Company employs a workforce of forty-seven staff. Approximately twelve staff wish to be represented by the MPGWU.
The Company has operated for sixteen years and has handled all industrial relations problems without union representation. It states that the introduction of a trade union into the workplace would complicate matters and change the good staff/company relations that currently exists.
The Union claims that the workers concerned have a right to be represented if they so wish. The Company rejected the Union's claim for trade union recognition.
The Union referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 25th June, 1996.
3. 1. The Union wrote to the Company on the 15th May, 1996 regarding union recognition for twelve workers but the Company never responded.
2. Since the claim for union recognition some of the members have experienced harassment and intimidation. Some have been physically threatened.
3. The Union claims that the intervention of the Advisory Service of the Labour Relations Commission would be of benefit to both parties.
4. At present the workers have no terms and conditions of employment.
4. 1. The Company has operated for the past sixteen years without the need of union representation. The majority of the staff do not want a trade union.
2. The Company has always dealt directly with staff in relation to any grievances they had concerning industrial relations matters without the assistance of a third party.
3. The Company is not prepared to alter the current staff/company arrangements to facilitate a small number of staff who wish to join a trade union.
4. The Company accepts that staff have a right to union representation. However, it also has a right not to recognise a trade union if it so wishes.
The Court having considered all of the views of the parties as expressed in their oral and written submissions recommends that the Company recognise the Union in respect of its members.
Signed on behalf of the Labour Court
4th July, 1996______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.