INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
MASTERLINK TRANSPORT GROUP
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr Rorke
1. Negotiating rights.
2. The Union claims that it is in dispute with the Company over negotiating rights on behalf of thirteen of its members. It claims that the Company has refused to meet the Union to discuss the matter.
The Company claims that there is no dispute and states that it has always negotiated directly with its employees regarding conditions of employment.
As no agreement was possible between the parties the dispute was referred by the Union to the Labour Court on the 23rd April, 1998, in accordance with Section 20 (1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 2nd July, 1998.
3. 1. The workers have a right to be represented by a Trade Union of their choice.
2. Management has refused to meet the Union to discuss the matter.
3. The workers sought Trade Union membership as the best means to enable them to achieve their aspirations.
4. 1. The Company rejects the claim that there is any Company/Union dispute.
2. The Company has always acknowledged the right of any employee to join a Trade Union. However, the terms and conditions of employment are a matter for the Company.
3. The Company has in place a grievance procedure for dealing with employees' complaints and is not aware of any dissatisfaction with this arrangement.
The Court having considered the written and oral submissions made by the parties recommends that the Company recognise the Union's right to represent the Employees it holds in membership.
The Court notes the Union's statement that it would be its intention to work constructively with the Company.
Signed on behalf of the Labour Court
8th July, 1998______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.