INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
KYLEMORE BAKERY LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
THE BAKERY AND FOOD WORKERS' AMALGAMATED UNION
Chairman: Ms Owens
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Trade union recognition.
2. The Company was founded in 1887. It currently owns 32 shops nationwide and employs approximately 180 workers.
The Union claims that it was contacted by a number of workers regarding trade union membership. At a meeting on the 1st June, 1996, 36 workers were accepted into membership and a few days later a further 15 workers joined, bringing membership up to 51.
The Union contacted the Company regarding union recognition but claims that it did not receive a reply. The Union then sought to have the issue referred to the Labour Relations Commission but the Company was reluctant to attend a hearing.
The Union referred the dispute to the Labour Court on the 16th October, 1996, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 13th December, 1996. The Union agreed to be bound by the Court's recommendation.
3. 1. The Union was approached by the workers with a view to union membership. It was not the idea of the Union. The Union tried on a number of occasions to arrange a meeting with the Company to discuss the situation but to no avail. The Company avails of the services of IBEC, but has refused the workers the right to be represented by a union.
4. 1. The Union has made consistant attempts over the years to encourage employees of the Company to join the Union. The vast majority of employees have shown no interest in joining. The Company has enjoyed an unparalleled level of co-operation with the workers and has not experienced any form of industrial action. Relationships have always been good between the Company and workers.
2. Six months ago, a new initiative, continuous improvement meetings (CIM), was introduced. Staff representatives can discuss with management any issue which is of interest to the workers. Significant progress has already been achieved. Terms and conditions in the Company are ahead of industry norms. All phases of the National Agreements have been paid. Workers also enjoy a sick pay scheme, contributory pension scheme and VHI cover among a number of benefits.
Having considered the submissions, the Court recommends that the Company recognise the Union's right to represent the employees which it has in membership.
Signed on behalf of the Labour Court
8th January, 1997______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.