INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
CADBURY IRELAND PLC
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Collection of union dues.
2. The worker is in dispute with the Company regarding the deduction of union dues from his salary. He claims that he requested the company to cease deducting union dues from his salary as he wanted to make his own arrangements for the payment of these dues. The worker states that the Company refused his request.
The Company claims that in the late 1970's the production unions requested the
Company to operate a check-off system for the deduction of union dues. It agreed to this arrangement which has been in operation ever since. The Company states that when the worker joined the Company he signed a form to permit the Company to deduct his union dues.
The worker argues that the Company does not have a right under current legislation to deduct his union dues without his permission.
The worker referred the dispute to the Labour Court on the 3rd October, 2000 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 15th December, 2000.
3. 1. The Company has no legal right to stop union dues from source without the worker's permission as provided for under the Truck Act and the subsequent Payment of Wages Act, 1991.
2. The worker originally gave the Company permission to deduct union dues from his wages but has recently rescinded this authorisation.
3. There are many instances where workers in the Company have not paid their union dues from source, but have paid them directly to Head Office.
4. The worker queries the validity of an employment contract which forces a person to join a trade union on taking up employment with a Company.
4. 1. When the worker joined the Company he signed a form giving the Company authorisation to deduct his union dues.
2. The worker's union gave permission to another employee to pay her union dues by direct debit. This facility is also available to the complainant.
3. The Company has a long standing agreement with both the ATGWU and SIPTU regarding the payment of union dues. This agreement can only be changed through consultation with the respective unions.
4. It is a condition of employment that all employees working in the factory be a member of either SIPTU or the ATGWU.
Having examined all aspects of this case, the Court has come to the conclusion that there is no dispute between the claimant and the Company on this issue. The Court notes the agreement made with the claimant's union representative whereby the same arrangement regarding the payment of union dues would be extended to the claimant as was previously given to another union member in the past - this arrangement allowed for payment through a direct debit system from the employee's bank account into the union's offices.
The Court is of the view that the solution to this dispute lies within that agreement and recommends that the claimant takes the matter up with the union.
Signed on behalf of the Labour Court
21th December, 2000______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.