INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
NATIONAL BUS & RAIL UNION
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Refusal of Company to recognise Union's right to negotiate for members in Operative Grade
2. The Unions claim refers to four workers in the City Gold Host grade for the right to be represented by the trade union of choice.
In 1994 the Company decided to provide an improved service for first class passengers. Part of the service necessitated the presence of workers titled City Gold Host/Hostess. These workers were employed by the catering arm of the Company, i.e. Network Catering. In 2003, following a deal known as "New Deal For Train Hosts" the workers became part of the Rail Operative "Family". A number of workers sought to join a trade union. The Union claims that the Company was reluctant to recognise the right of the workers to join a union despite the fact that the Company's 'Framework for Negotiation and Dispute Resolution' provides for a shared representation. The Union currently has four out of six Hosts in membership.
The Company's case is that initially the six workers were represented by SIPTU but four left to join the NBRU. The Company is concerned at the prospect of having to negotiate with two unions on behalf of only six workers.
- The Union referred the case to the Labour Court on the 11th of April, 2006, in accordance with Section 20(1) of the Industrial relations Act, 1969. A Labour Court hearing took place on the 22nd of June 2006. The Union agreed to be bound by the Court's recommendation which is as follows:-
Having considered the submission made by the parties, the Court would make the following observations :-
The question of representation and/or recognition of a trade union where
another is already recognised is not one on which the Court would recommend.
The Court notes, however, that the Citygold Host Grade is now a Rail Operative Grade.
The Iarnrod Eireann Framework for Negotiation and Dispute resolution says (Appendix 1, page 11) in regard to Rail Operative Grades,
"Where there is a shared Trade Union membership the Company will negotiate claims and other matters jointly with SIPTU and the NBRU."
Given the above, the Court believes that the parties should attempt to resolve the matter in the context of the Framework for Negotiation and Dispute Resolution.
Signed on behalf of the Labour Court
4th July, 2006______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.