INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Trade Union Recognition
2. The Company is engaged in warehousing, vehicle repair, bodybuilding, spray painting and the delivery of new vehicles to car dealers nationwide via compound operations in Cork and Dublin.
In August, 1999, the Union informed the Company that it had taken the majority of its Dublin based workforce into membership and requested a meeting to discuss Union recognition. The Company declined to meet the Union and the matter was referred to the Labour Court on the 28th of March, 2000, under Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th of May, 2000. The Union agreed to be bound by the Court's recommendation. The Company was not represented at the hearing.
3. 1. The Company refused to meet the Union or attend a conciliation conference under the auspices of the Labour Relations Commission.
2. In August, 1999, a substantial number of employees joined the Union. They expressed the wish to be represented in all aspects of their conditions of employment.
3. A range of matters require to be addressed by the Union and the Company, including sick pay, health and safety, pension, death in service plan, compassionate leave, Christmas bonus and holiday pay.
4. The Union has developed a sound working relationship with various employers over the years and is prepared to work with the management of Crosbie Transcar in a similar positive fashion.
5. The workers have a constitutional right to join a Trade Union. The Company exercises its right through membership of the Employers' Association in the motor industry and at the same time refuses to recognise the workers' representative.
It is regrettable that the Company made no attempt to attend the hearing or to produce a written statement for the Court. Accordingly, the Court is unaware of the Company's position on this matter.
The Court recommends that the Company should recognise the Union for those employees in its membership. The Court is aware that under Partnership 2000, it was agreed by the Social Partners to set up a High Level Group on Union Recognition and the Right to Bargain. This group has finalised its report and the Court recommends that this matter could be progressed as per the procedures outlined in the Report of the High Level Group.
Signed on behalf of the Labour Court
2nd June, 2000______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.