INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Trade Union recognition.
2. The Company is an American based Tele-services operation which was set up in Killarney in 1998. At the end of 2000, a number of employees sought to join the Union. In March, 2001, the Union wrote to management requesting a meeting to discuss issues regarding conditions of employment. At the meeting, management did not indicate a willingness to consider Trade Union recognition. The Company informed the Union that it saw no point in further meetings.
The matter was referred to the Labour Court on the 27th of July, 2001, under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th of October, 2001. The Union agreed to be bound by the Court's recommendation.
3. 1. The employees approached the Union seeking to join.
2. It is not the Company's choice to say whether its employees can join a Union or not.
3. The Rights of the employees to be represented by a Trade Union of their choice must be recognised by the Company.
4. 1. The Company operates an "open door" policy. All employees have direct contact with the Chief Executive if they so wish.
2. Employees have ample opportunities to discuss issues and any concerns they may have relating to conditions of employment.
3. The Company recognises the constitutional right of employees to join a Union.
In the course of the hearing, both parties indicated a willingness to process this dispute through the procedures of the Code of Practice on the Voluntary Dispute Resolution (SI 145 of 2000), made under Section 42 of the Industrial Relations Act, 1990.
Accordingly, the Court recommends that the procedures of the Code be jointly invoked and utilised by the parties.
Signed on behalf of the Labour Court
9th November, 2001______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.