INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr Rorke
1. Union recognition.
2. Jetwash Limited is involved in the manufacture of heavy duty, high pressure washing equipment, agricultural and industrial plumbing installations, submersible and shallow well pumps, design manufacture and installations of all types of pig housing and pig feed equipment. It employs approximately 35 workers at its location in Carrigallen, Co. Leitrim.
In April, 1999 the Union informed the Company that it had taken a number of its employees into membership and sought a meeting to discuss the terms and conditions of employment of the workers concerned. The Company refused to meet the Union. It stated that it had a policy of dealing directly with its staff. The Union referred the matter to the Labour Court on the 19th of July, 1999 under Section 20(1) of the Industrial Relations Acts, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place in Sligo on the 17th of November, 1999, the first date suitable to the parties. An invitation to attend the Labour Relations Commission was declined by the Company.
3. 1. In April, 1999, a substantial number of employees in the Company joined the Union. They expressed the wish to be represented in all aspects of their conditions of employment by the Union.
2. Over the years, the Union has developed a sound working relationship with various employers and is prepared to work with the management of Jetwash Limited in a similar positive fashion.
3. A range of matters requires to be addressed by the Union and the Company, including wages, 39-hour week, health and safety, sick pay, pension scheme, and tea breaks.
4. 1. The Company's information is that only a minority of the workers support the Union.
2. Any union claim for recognition should be on the basis of the consent of management and the demand of the majority of the workforce.
3. The Company operates in a market that is in the deepest depression in the industry's history and the Company's sales are now 33% of what they were 3 years ago. If this situation continues the business will be in danger of collapse.
4. The Company's terms and conditions of employment are comparable with industry generally in Co. Leitrim.
The Court considered the oral and written submissions of both sides.
The Court recommends that the Company should recognise the Union on behalf of those employees in its membership.
Signed on behalf of the Labour Court
10th December, 1999______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.