INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
CAIRBORNE TRADING LIMITED TRADING AS SECURE-ALL SECURITY
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. 1. Rates of pay. 2. Holidays. 3. Facilities for Shop Stewards. 4. Implementation of the normal Company/Union Agreement in relation to Grievance Procedures.
2. The dispute before the Court concerns a claim by the Union on behalf of its members to recognise the Union and allow it to negotiate on their behalf.
The issue was referred to the Labour Court in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th of August, 2003.
The Company did not attend the hearing. The Irish Business and Employer's
Confederation (IBEC) on its behalf stated in a letter to the Court that the Company
would not be attending the Labour Court hearing as it does not recognise the Union as
having any negotiating rights for its employees. It is the Company's belief that a very
small percentage of staff are Union members. The Company is satisfied that the rates of
pay are in line with pay in other security companies.
The Union agreed to be bound by the Court's recommendation.
3. 1. The Union has a membership of forty two which is more than fifty per cent of full-time workers employed by the Company.
2. The workers concerned decided to join the Union because of problems in relation to wages and conditions of employment.
3. The Company should recognise the Union for the purposes of negotiating on wages and conditions of employment.
The Court notes that the Company has declined to participate in the hearing to investigate this dispute but did make a written statement outlining its position.
This dispute was initially dealt with under the procedures of the Code of Practice on the Voluntary Dispute Resolution (S.I. 145 of 2000), made under Section 42 of the Industrial Relations Act, 1990. As the Company was unwilling to complete this process the Union has opted for a referral under Section 20(1), Industrial Relations Act, 1969.
The Union indicated that it had 42 employees in membership. In the circumstances, the Court recommends that the Company should recognise the Union's right to represent its members for industrial relations purposes including negotiations on pay and conditions of employment.
Signed on behalf of the Labour Court
15th August, 2003______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.